The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-09-23
Are FREE TO ACT.
Bishop Estate Trustees
Given Much Authority.
May Sell Property Without Further
Court Leave - Appeal From
This Ruling IL Made.



In the matter of Melekina, ct al, VS..
Hama Kuoha, ct al, bill to set aside
deed, Judge Perry yesterday filed de-
cision granting the prayer in complain
ants petition. In this suit complain
ants ask that the Court declare null
and void a certain deed dated Decem-
Der IA, 1892, and purporting to have
been executed by one kamailohi and
to convey to respondent, Hama Kuoha,
all of the grantor's kuleana in two
Apanas, situate at Kalahike, Kona. Ha-
wall, alleging as grounds for their
prayer. first, that at the time of the
execution Of the deed Kamailohi was
insane, and, second, that respondents
obtained the deed by undue influence
and fraud. Judge Perry found the
points established by the evidence, and
declared for the plaintiffs accordingly.
Kinney & Ballou for complainants;
Castle and Weaver for respondents.
Judge Stanley has dismissed defend
ants appeal in the ejectment matter
Of John Hapa VS.. II. w. Wilcox. This
| is after hearing argument of respective
counsel upon plaintiffs motion to that
| end.
In the matter Of the Trustees of the
Bishop Estate vs.. w. o. Smith, At
torney- General bill for relief, Judge
Stanley has filed a decree setting forth
as follows: Now, therefore, 1t is or
dered, adjudged and decreed that the
Trustees under the will of Bernice Pau.
ahi Bishop are vested with a discre.
lat s,, n..I ~ Ia nla n
disposal of the land devised to them by
the will of Bernice Pauaht Bishop, OF
conveyed to them by the several deeds
attached to their complaint whenever
it appears to them expedient and fol
the best interests of the estate, with
out application 10 this Court, and with
out any further or other authority thar
that contained in said will and sale
trust deeds The Attorney-Genera
appeals from this decision to the Sup
RENE Court.
In the matter Of Heinrich HOPPE VS.
Z. c. Greenwell and Samuel Davis
ejectment, a decree was filed yester
day in which il is adjudged that TIL
plaintiff recover of the defendant +. c
Greenwich that portion Of Grant 1856
to Kapule. described in plaintiff
amended complaint, and as to that por
ton of Grant 2004 to Kuana, plaintiff
shall be dismissed without day. Liti
giants are to pay their own costs.
| Judge Jacob Hardy has applied 70
, letters testame ntary OF the estate @
| his daughter, the late Mary Hardy, @
/ Lihue. The estate consists of realt
: in Honolulu valued at $500 and money
stocks, etc, valued at $2,450. The lega
tees are the petitioner and two broth
I ers and two sisters Of deceased.
In the matter Of John X. Sumne
, VS.. NJ. F. Crandall the accounts OF .
. A. King as receiver have been approx
' ed and the cancellation Of his bond a
receiver consented to. Castle an
Weaver for J. X. Sumner.
1t has been agreed between litigant
| that the equity case Of Mary +. Eos
7 ter, ct al, VS.. Kaneohe Ranch Co. ma
e be heard on Tuesday morning, Octobe
l IL. Kinney & BallOu for plaintiff
Cecil Brown for defendants.
' Satisfaction Of judgment for $243.9
has been filed in the matter OF NJ.
| Scott VS.. A. X. Rowatt.
e The case of Mist VS.. Coelho wa
a argued in Supreme Court yesterda
and submitted.