The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1898-04-29
Replies to the Suit Instituted By
Maria S. Davis.
PROTESTS RESTRAINING ORDEF
Desires TO Handle His Own Affairs.
Trust-Affidavits By Wilcox and
Wife and Y. Ahin.

A petition and answers covering
about 100 pages OF typewriter mater
were fled in the District Court yss5er-
day in the injunction case Of Maria S
Davis, as next friend Of joan X. Sum
ner, against R. ". Wilcox and Theresa
Wilcox, Y. Ahin and others. A full
account Of the bill to set aside con-
yeyances" and of the granting CT a
temporary restraining order al right.
was given in this paper more than a
week ago. W. R. Castle and P. L.
Weaver, as attorneys for John X Sum
ner, now ask that the restraining CT
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 10 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 a
hold upon a portion of the property OF
all OF il. Mr.. Sumner says that he has
been so much annoyed by the interior
ence and planning of his sister and
others that he has reached the conclus-
ion that ne had best place his estate
in the hands Of 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 be more suitable
for the trust. Pending the final selee.
ton OF such a person he had, through
his friend R. W Wilcox, transferred
property 10 his wife, Nanito Sumner
He AYERS his undisputed right to d.
this OF to take any other step viii
relation to his property that seems Il
himself advisable. Mr.. Sumner make
it plain in his affidavit that the powe
Of attorney issued TO Robt W. Wilcol
was for the sole purpose of having Mr.
Wilcox collect one certain item of rem
due 10 Sumner.
As 10 Y. Ahin, Mr.. Sumner says h
is under personal and monetary obi
cations TO thai individual and explain
in detail the matter OF mortgaging L
Ahin the half interest in Quarantine
Island for the sum OF $4,000. Thi
was for the purpose of engaging in
big rice plantation enterprise wit
Ahin. The proposal or plan was L
purchase Waikiki rice fields which
is represented nave since been sold TO
Sc, 000 The price to be paid by Sum
ner and Ahin was $4,000. 1t is state
that a number of months ago, when tn
Sumner estate was held in the Kin
receivership, advances Of cash wer
made to be a fair, even liberal settle
ment with Amin in time. Sumner wa
Il supplied with money for living ex
penses while his rents were tied up an
was furnished with $500 Of colllatera
with which to secure the service of a
attorney.
!. Afidavits of considerable length ar
submitted by R. ". Wilcox and hi
wife. Theresa Wilcox. One poin
brought out in these statements re
: lates to the change of religion by Mr.
Wilcox-the baptism. Of herself an
i children into the Catholic faith. 1t
submitted that this was step Ion
r contemplated and was not hurried me
terially by the suggestion OF Sumne
D Mrs. Wilcox explains her aloha for tn
Il Catholic religion by saying that ht