The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-04-28
Replies to the Suit Instituted By
Maria s. Davis.
PROTESTS RESTRAINING ORDER
Desires to Handle His Own Affairs.
Trust-AffidaVits BY Wilcox and
Wife and Y. Ahfn.

A petition and answers covering
about 100 pages of typewriter matter
were filed in the District Court yasJer-
| day in the injunction case of Maria S.
| Davis, as next friend of John X. sum
ner, against r. w. Wilcox and Theresa
Wilcox, Y. Ahin and others. A full
account Of the "bill to set aside con-
veyances" and of the granting Of a
temporary restraining order at right,
was given in this paper more Than a
week ago. w. r. Castle and p. l..
Weaver, as attorneys for John K. Sum
ner, now ask that the restraining or
der be set aside
john K. Sumner asks that the suit
Instituted by Maria S. Davis, his sister,
be dismissed, or that as alternatives
she make him one of the defendants
or be ordered to prosecute the cause in
her own name alone. Mr.. Sumner sets
forth that his sister has no claim, pre-
sent or prospective upon the large es-
tate owned by him, but intimates that
she is making undue effort to gain
hold upon portion of the property or
all Of it. Mr.. Sumner says that he has
been so much annoyed by the interfer-
ence and planning of his sister and
others that he has reached the conclus-
ion that he had best place This estate
in the hands of a trustee He had
thought of making a trust conveyance
to the French Commissioner, but upon
deliberation had decided that some
local business man who was a perma-
nent resident would he more suitable
for the trust. Pending the final selec-
tiOn of such a person he had, through
his friend R. w. Wilcox, transferred
property to his wife, Nanito Sumner.
He AYERS his undisputed right to do
this or to take any other step with
relation to his property that seems to
himself advisable. Mr. Sumner makes
it plain in his affidavit that the power
of attorney issued to Robt w. Wilcox
was for the sole purpose of having Mr.
Wilcox collect one certain item of rent
due to Sumner.
AS to Y. Ahin, Mr.. Sumner says he
is under personal and monetary obli-
cations to that individual and explains
in detail the matter of mortgaging to
Ahin the half interest in Quarantine
Island for the sum of $55 900 This
was for the purpose of engaging in a
big rice plantation enterprise with
Ahin. The proposal or plan was to
purchase Waikiki rice fields which it
is represented have since been sold for
$4,000. The price to be paid by Sum-
ner and Ahin was $66 900. It is stated
that a number of months ago, when the
Sumner estate was held in the King
Teceiyership, advances of cash were
made to be a fair, even liberal settle
ment with Ahin in time. Sumner was
supplied with money for living ex-
penses while his rents were tied up and
was furnished with $500 OF collateral
with which to secure the service Of an
attorney.
Afidavits of considerable length are
submitted by r. w. Wilcox and his
wife, Theresa Wilcox One point
brought out in these statements re-
lates to the change Of religion by Mrs.
Wilcox-the baptism Of herself and
children into the Catholic faith 1t is
submitted that this was a step long
contemplated and was not hurried ma
terially by the suggestion of Sumner.
Mrs. Wilcox explains her aloha for the
Catholic religion by saying that her
great grandfather, the F'renchman J. L.
Rives, was largely instrumental in the
introduction CT the faith into these
Islands.
Both Mr.. and Mrs. Wilcox state that
their close business relations with
Sumner were established quite recently
and that the personal relationship
claimed TO exist between Mrs. Wilcox
and Sumner grows out of intimate
friendship of ancestors. Mr.. Wilcox
and his wife tell of the terror or fear
of Sumner that schemes he supposed to
be on foot to deprive him to his estate
might succeed unless there was intelli-
gent Intervention.
Nanito Sumner, wife of John K.
Sumner. verifies or corrobOrates the
testimony Of her husband and of the
WilcoXes as to designs of various per-
sons upon the estate.
John K. Sumner is 76 years of age.
Hewas born in Hawaii, and inherits his