Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1895-07-12
IN THE HIGHER COURTS.
FOUR DECISIONs RENDERED BY
THE SUPREME COURT.
Newell VIII Entitled TO Probate
John McCoIgan's Will Inter
preted--Henri McGrew's
Life Insurance.


Judge Whiting, who sat in place
of Justice Bickerton, has rendered
unanimous opinion in the as
sumpsit case of Jas. r. Holt, Jr.,
VS.. Geo. Lycurgus. 1t sustains
the verdict for the plain tiff. The
suit was for $710.96, of which
1851. 12I was balance of account
and the restfor interest. Defend
ant filed a general denial and
contra claim of a note for $431. rs,
an l o U for $110 aud an / y U for
$50. Plaintft filed no denial of
this setof until the opening of the
case for trial, when he fled de-
NAL and also plea of payment to
the item $43125 note, with an
affidavit of merits, but no aft
davit Of merits was made to
the, l o US. The Court below IN
its discretion allowed the answer
to the setoff and the defendant ex.
cepted. The jury allowed the
amount OF plaintiffs claim, $751;
12I, as PRINCIPAL, and deducted
therefrom $l10 and 1901 o US
allowed to defendant, and the
further sum of 1.25, leaving a
balance of $419 81, for which
they found a verdict for plaintiff
and interest thereon from Oct. 4,
1891. A large sum might have
been awarded for interest, but
the appellate Court says this fact
does not injure the defendant. 1t
also upholds the discretion of Il Q
Circuit Court in allowing an
answer to the defendants setof
at trial. Carter g. Kinney for
plaintiff; Neumann for defendant.
Chief Justice Judd is author
of a unanimous decision ofthe Sup
RENE Court,in Elizabeth Moorhead
VS.. David Dayton, trustee, Daniel
McCorriston and Hugh McCor-
riston bill in equity to enforce
trust. 1t sustains the decree of
Judge Cooper that the plaintiff,
who was given the rents from the
property upon which the Ger
mania Market was situate, by the
will of the late John McColgan, is
not entitled to the rents of the
Criterion Saloon adjacent. The
market, the saloon and the black
smiths shop, belonging to the
estate, we're all used for different
purposes, rented to different ten
ants and had no connection with
each other. The fact that the
rents of the Criterion saloon are
not specifically devised would not
indicate to the Courts mind that
the testato1 intended them to be
given to the plaintiff in addition
to her other bequest. Hartwell
for plaintiff; Carter and Kinney
for defendants.
Justice Frear has written the
opinion of the Supreme Court in
the matter of the estate of Thomas
Newell, late of California, de-
ceased. Judge Whiting Of the
Circuit Court had decided that
the will was not entitled to
probate under our statutes, which
say that no will shall be valid
unless attested by two or more
competent witnesses subscribing
their names to the will. The APP
pellate Court reverses the deci-
sion, holding that an attested
hoIogrophic will, valid by the
laws of u foreign state in which
the testator was domicied at the
time of his death, may be admit
ted to ancillary probate here, and
such ancillnry probate may be al.
lowed here after the expiration of
five years from the death of the
testator.
janis A. Low is the petitioner
for probate of the will, which is
necessary to enable him to prose-
cute a claim against John NJ.
Horner, assigned to him by the
heirs OF Thomas Newell. Judge
| Cooper sat on the hearing of the
appeal In place of Justice Bicker-
ton. Mr.. Neumann represented
tha ,,atif;nnar The oaaa - va