The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-05-25


case of Emmeline NJ. Magoon ct al. VS..
Julia c. Along, the full text of the de-
cision is given, as follows:
DECISION.
This is a bill in equity for and ac-
counting and appointment of a trustee
under two certain deeds of trust. The
first deed was executed on the 18th day
of October, 1889, between Chun Along,
Julia Along and ]. A. Magoon. On the
Both day of July, 1890, a second deed
designated supplementary to the above
was entered into by Chun Along, Julia
Along and w. F. Allen. Mr.. Magoon re-
signed as trustee and Mr.. Allen having
been appointed in his place.
The material parts of the trust deeds
are as follows:
Whereas, upon the sale by the party
of the first part of the Pepeekeo Sugar
Plantation, so called, situate in the Dis
trict of Hilo, on the Island of Hawaii.
in said Kingdom, said party of the sec
Ond part released her dover right there
in upon the promise of the purchaser
that with the assent and by the re-
quest and direction of the party of the
first part, the sum of Two Hundred
Thousand Dollars, part of the purchase
money, should be invested in Two
Thousand shares of the par value of
One Hundred Dollars each of the capi-
tai stock of the Pepeekeo Sugar Com
pany, Hawaiian Corporation, and such
investment has been made in the name
Of John Alfred MagoOn, and transfer
red by him to his successor in trust,
William f. Allen, to be held by him
and his successors upon the trusts and
subject to the powers and provisions
hereinafter declared concerning the
same:
Now this indenture witnesseth:
That the said Chun Along, in con-
sideratiOn of the premises and of his
natural love and affection for his said
wife and her children by him begotten,
and in further consideration of the COW
enants of the party of the third part
hereinafter contained, doth hereby as
sent, request, direct and declare, and it
is hereby agreed as follows:
The Trustee shall stand possessed of
said stock and investment for the time
being representing same, hereinafter
called trust funds in trust to pay the
income thereof to the said Chun Along
as long as he shall not become or be a
bankrupt OI luSOlNGuJ, anu Shall ISSluC
in the said Hawaiian Islands, and shall
maintain, support and provide
for the said Julia Along during her life
time and her children by him begOtten
After The decease of the said Chun
Along, as we'll as when he shall be alb
sent from the Hawaiian Islands, and
during his said absence or bankruptcy
or insolvency or failure suitably to
maintain, support or provide for the
said Julia Along or any of her children
by him begotten, the trustee shall pay
the income of the trust funds to said
Julia Along, if living, for the support
of herself and her said children.
The amended bill alleges that larg-
er amount had passed into the hands
of Julia Along than was necessary or
suitable for the support and main
tenance of said julia Along and the
children dOmiciled with her, and that
she had thereby been able to save out
of the income large sum of money, to-
wit, $50 100000; that this was only pos
sible by reason of the failure Of Julia
Along to apportiOn and give to the mar
ried daughters the income and support
to which they are entitled under the
trust deeds; that Maria K. Humphreys
and A. S. Humphreys, her husband
through their personal influence had
obtained, in fraud Of the rights Of the
petitioners, a gift from the said Julia
Along Of a large block of property COM
prising, and representing the accumuIa-
tiOns from the income of the trust es-