Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1898-07-19
To Compel the Payment Of Money Be-
queathed TO Him.
viii Of Late George Robert Mahony Sent from
England for Auxiliary Probate
Supreme Court Decisions.

Squires. James Mcqueen as
principal and G. Schuman as
surety file a bond in $500 upon
an injunction against Frances Z.
Jackson to restrain her from dis.
posing of $4,000 received by her
as the price of lands sold to w.
r. Castle.
The injunction in question is
based on bill in equity brought
by James Mcqueen against Mrs.
Frances e. Jackson, who is his
mother, to declare her the trustee
of one-half of $4,000, proceeds of
land sold to W. Il Castle, for the
compliments benefit as benefci,.-
ry under the will of the late u. Y.
Squires. The will made Mrs. Jack
son and Mcqueen the sole devisees
of the real estate subject to a trust
devised to Gaspar Sylvia, to take
effect after the death of Harriet
Squires, widow of the testator.
This trust was to provide for
the maintenance of Mrs. Jack
son, aud at the death of Sylvia
the property was to be divided be
I'VE en- her and Mcqueen, share
and share alike. They agreed it
was best to sell the real estate,
md by that agreement complain
ant claims the trust in Sylvia ter.
minated. 1t is alleged, however,
that when the property was sold
Mrs. Jackson received the money,
and that she refuses to pay com.
plainant his share. Hence the
suit. Half the profits accrued
upon the money, which is invest.
ed in profitable plantation stocks,
is claimed besides the moiety of
the $4,000 capital. w. A. Hen
shall and G. Creighton are attor.
neys for complainant.
Chief Justice Judd has written
the unanimous opinion of the
Supreme Court in Waikiki Sugar
Co. VS.. Solomon Hale, defendants
appeal from an adverse decision
of the Commissioner of Private
Ways and Water Rights of Wal
luku. The jurisdiction of the
Commissioner called in question
is affirmed, and the judgment of
that official sustained. Kinney &
Ballou for plaintiff; Robertson for
defendant.
Justice Whiting is author of a
unanimous opinion of the Sup
RENE Court, dismissing the appeal
of defendant in Manuel G. Silva
vs.. Antonio Fernandez. The
cause was heard jury waived and
the Circuit Court judge gave
judgment for plaintiff for $73O,
deciding against the claim set up
by defendant. This judgment is
upheld by the Supreme Court be
cause the evidence is found to
support the findings of the Circuit
Court. Creighton and Correa for
plaintiff; Neumann for defendant.
A new trial is ordered by a
majority of the Supreme Court in
f. f. Porter VS.. Hawaiian Pork
Packing Co., Ltd. Plaintiff claim
ed $1,000 damages on assumpsit
for breach of contract. The Jury
awarded him 1857 40. Defend
ant appealed on rulings at the
trial and on refusal of motion for
new trial. Justice Frear writes
the decision, concurred in by
Justice Whiting. Chief Justice
Judd agrees that an instruction
of the trial judge was error
but harmless error" and
dissents from the ordering of Il
new trial. He holds that in an
other trial the same issue would
90 to the jury as that upon which
the first one depended. Davis for
plaintiff; Magoon and Sllliman
for defendant.
IL. e. Mcintyre petitions for
ancillary letters of administration
with the will annexed upon the
estate of George Robert Mahony.
OF Liverpool, England, who died
on March IA, 1898. The will
leaves all testator's property to
Harriet Sophia Mahony, spiuster,
of Liverpool. There ID in the
jurisdiction of the Hawaiian
courts. two $1,000 bonds and $500 !
in Claus Spreckels & Co.'s bank
It. X. Mahony was formerly a i
clerk for II. e. Mcintyre g. Bro,
and was well and favorably known
in Honolulu. Magoon and Nc.
Clanahan are solicitors for petit.