The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-09-23
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.
JUNE TERM. 1897.

JUNE Term, 1897.


SUBMITTED July g. 1897. Dr,aIDED SEPTEMBER 16 1897.
FREAR AND WHITING, j.. CIRCUIT JUICE PERRY, IN
JUDD, CD.
Where there no statute nsng the resignation of trustee
person after ne acceanSe trust cannot ana LIS Ign
the deed creating the @ by consent
the until and the
ing est o o a
OPINION OF THE COURT BY WHITING j.
Petitioner by his bill equity prays be allowed resign
trustee of trust estate.
The parties hereto conjunction with others under
and by virtue of the will of Bernice Paai Bishop,
of the estate of deceased.
Clause fourteen of the Will reads as follows:
Il appoint my husband, Charles r. Bishop, Samuel NJ
Damon Charles NJ Hyde Charles NJ Cooke and William o.
Smith, all of Honolulu be carry effect the
above specified direct that majority said
NAV act in all cases and NAV convey real estate and perform
all of the duties and powers hereby conferred but three of them
at least must join all further direct that the number
of said shall be kept ve and that vacancies shall
be filled by the choice of majority of the Justices of the
Supreme Court the selection to be made from persons of the
Protestant religion
Charles R. Bishop is resident of San Francisco,
California and absent from the Hawaiian Islands, W. O. Smith
resigned and j. O. Carter appointed in his place, c. NJ
Cooke resigned and w. F. Allen appointed in his place
and at the date of the petition absent in Japan
NJ Damon, the petitioner prays that by court
he may resign his truor the that he obliged
leave the Hawaiian Islands England in official capa
proracted
Two of the five the time absent from the Re
public in foreign countries leaving only NJ Damon, c. NJ
Hyde and j. o. Carter in Honolulu.
The respondents contested the claimed S. NJ
Damon would be temporarily and such absence
plaintiff continued to hold his trueesp would not greatly
discomnode embarrass the there
complete staff of assistants do the regular work and that
there anticipation of action necessary be taken
by majority of before the of of the absent
And further that the resignation of plaintiff would be
serious detriment and Inconvenience to the trust
The embraces objects of a sempubic such
the Kameamea schools for native Hawaan and the property
IS large and valuable.
The Judge plaintiff and allow
ing the resignation granted.
The petitioner, NJ Damon, in his evidence gives his
for resgnng the trust that he is to be absent from the
islands for long period and that there would remain
quorum of the Honolulu and there must be at least
three trustees to join in act that the property OF so much
and extensive, and with much stake connected
with the schools and Museum and the landed interests, it is
that full board of should be
the ground that might An important
suit anticipated in connection with the Queen Emma estate
and known the Rookie property which the Bishop estate
has interest. Should such suit be brought it
that full board should be here and advise prior the
suit being inauguraed There other interests which need to
be looked after by full board There will be points
arising relative the of large property Many
matters connected of schools
of teachers the curriculum and the daily need of authora
body whom report The trustees have committees
connected with each Of these works finance committees educa
tona committees but the action of those committees is only
advisory it only be permanent when quorum present.
and feel and have felt for time that the property and the
how honest and they
be the affairs of the They competent
the business of such immense property my mind salts
facto The value of the property do not feel safe to
the hands of when they properly
constituted quorum for the estate That is the main
reason, the paramount to why wish to resign
respondents put evidence tending the
by petitioner and tending show that the trust
would be injured by Damon's absence
Judge found that there sufficient for
Damon's regning, and "It that where
desire resign and has stated good
iftod O eOthpr YOu
should be allowed resign The
accepted the will Justify the
pellng all his life If he shows
desires resign and requests the be allowed
the will decline that unless something
why it would be improper for him resign The court
cannot keep Mr. Damon in the Complications could
heino q the c0lld arise if he