The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-02-20

The appeal is dismissed.
A. e. ". Robertson, for petitioner
e. p. Dole Dep. AttOrney-Gener for the respondent
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS,
DECEMBER TERM, 1896
.MDME EDNA G. v TRoUssEAU o. B. CARTWRIGHT.
and H. E. MCINTYRE, Executors of the VIII of G. P.
Trousseau, deceased
EXCEPTIONS CIRCUIT Court, FIRST CIRCUIT
SUBMITTED DEC "a, 1896. FEBRUARY 6, 1897.
JUDI Co. FREAR, j. AND E. P. Dole, ESQ, BAR IN
OF WHITING, j., DISQUALIFIED.
will admitted
plaintiff a
financial condition. material in
evidence
competency
party legal representatives o be
admissions
and
tending admission
A foreign of may
specific portions it applicable,
to his relations with the other party to the agreement are comp
evidence
without
himself reasonably be
sufficient this by Hawaiian law separated wife
could make agreement with her husband
OPINION OF THE COURT BY JUDD CT
The previous proceedings reported ante
pages and trial having ordered Judge
Carter of the Circuit Court First Circuit heard the jury
waived and rendered decision therein in October last order
ing Judgment for the plaintiff in the of $2996S86 of
which $1,000 RENTED by plaintiff being covered by the
Judgment the previous trial. and the upon
the defendants bill of exceptions The exceptions taken
and copy them entire and have remembered them
for convenience follows:
"Be it remembered that this be heard
the 10th day of October, A. d. 1885, vacation of the
August A d. 1896 of the Circuit Court First Circuit
before Alfred W. Carter presiding Judge when the plaintiff
maintain the issue her part offered in STANDARDIZATION
probate Order of probate Order of notice of hear
ing petition probate WILL Copy WILL original
probate No (maked Exhibit A. the admission
which testimony the defendants by their COUNSEL after adj
hitting in open court that the will Dr. Trosseau
probaed and that Bruce Cartwright and Hugh E. Mcintyre
had been appointed of his estate then and there duly
objected the ground
THAT said evidence immaera irrelevant and ncon
eten and had bearing other facts and matters OF which
in itself it proof.
objections and admitted the evidence
ruling and admission of evidence the defendants
there duly excepted and the exception
allowed by the
2And the plaintiff further maintain the issue her
offered evidence and read the deposition of Mr. Vzzavona
Exhibit E..
admission of the third interrogatory hereinAre
you with the handwriting of the late Dr. George rou
seau? If you viii you say whether the annexed agreement
bears his sienatureI anserI familiar with the
Trousseaus signatures the signature the annexed
agreement of Trousseau Defendants by their
counsel objected ground that necessary prove
capacity of DR. Trousseau and wife make contract
proving his signature, and that the evidence ire
levant, incompetent and immateraL
overred the objections and admitted the evidence
to which ruling admission of evidence the defendants by
then and there duly excepted and the exception
allowed by the
3o the fifth nterrogatory Can state whether or not
French the words epouse separee appear
inc in said agreement wife who lives separate