The Hawaiian gazette., 1898-07-01

with and that plaintiff examined said
policies and was aware that defend
ants had insured the said property as
their own, and expressed no disap-
prevail of said action.
Furthermore. defendants state that
on the LIST of APRIL OF this year. they
presented TO plaintiff a statement OF
the payments made by defendants for
and in behalf of plaintiffs current ex-
penses for two preceding months, de-
| PENDANTS having paid the same on ac-
count of the instructions OF plaintiffs
physician that she. the plaintiff.
should not be bothered by business of
any kind. defendants making payment
of the monthly allowance secured to
plaintiff by said deed by settling OF all
| of her current expenses and current |
bills and payment of the balance in
coin.
| And defendants further show and |
state that on said LIST day of April. the |
plaintiff stated to the defendant j. ka- |
lanianaole that she preferred that her |
monthly allowance under said deed be
paid to her in coin and that she would
pay her own bills: that thereupon the
defendant aforesaid explained to her
that the doctor did not wish her to be
bothered with any business and there
upon plaintiff assented and made no
further objection.
Defendants further say that after the
making of said deed plaintiff upon
number of occasions, dismissed parties
, applying to her for leases Of portions
, Of the property covered by said deed.
: stating to said applicants that the
property had been made over to the
| boys, meaning the defendants. and
[ thai said applicants were to apply to
, said defendants for the lease in ques-
= ton.
Defendants further answering the
paragraphs aforesaid in said bill state
e that in many other ways plaintiff has
: Enthusiastically manifested her inten-
q ton that said deed should go into i'm
I mediate force and effect upon execu-
e ton thereof, and has recognized said
e deed as in full force and effect in favor
! of defendants, and has claimed and re-
# ceived from defendants the allowance
o and consideration and benefits Sc
cured to her Hereunder.
u And defendants further answering
i the paragraphs aforesaid in said bill
II state that 1t is the opinion and belief
Is Of defendants that the institution oil
lUiS SUIT was ubl llt Eedl WISH OF ut-
"a sire of plaintiff, nor does it express
Is her true sentiments in reference &c
"a said deed and to the making thereof
Le but Is largely the result of efforts Of
N third parties whose plans and designs
d in reference to the estate OF plaintiff
!, have been thwarted by the execution
~ of this deed.
~ And defendants further answering
thot ,t-hiia obi q,
~ themselves to explain all their trans
a actions in reference to said estate after
- the execution of said deed to plaintiff
nor to seek and obtain the consent o.
:, plaintiff TO all transactions in refer
ence thereto, as a matter of fact, de
~ PENDANTS have lived in complete &C
a' cord with plaintiff since the making
of said deed, and that such friondl,
relations now continue regardless o
u, said suit, and that defendants have II
~ most Of their transactions in connec
,e ton with said estate freely consulted
W with plaintiff and have told her wha
they We're doing and intended to do IL
70 reference thereto, and defendants say
!! that in their judgment they have goot
reasons for not mentioning to plain
~ tiff their transactions in reference t.
said estate which they have kept e
VI themselves.
lv These defendants admit that sine,
a the execution of said deed and the de
IN livery thereof into the custody of plain
n tiff after being recorded, no demand
a, for the possession or delivery of saiC
h. deed has been made, defendants believ
N ing and understanding that there wa
o. no occasion to make any demant
no therefor thereafter, or now, or at an!
,d tin q, for that said deed, by clear an,
IT perfect understanding between plain
I'd tiff and defendants, was delivered AM
went into force and effect mediatel.
AT after the execution thereof.
he In answer to paragraph s of said bill
ed defendants deny that said deed ha
is never been delivered, defendant
" claiming that there has been com
in plete and effectual delivery of sal,
OF deed in law and otherwise.
er In answer to paragraph 9 of said bill
e. defendants admit that they are claim
a ing that said deed is in force and Of
or feet, and that thereby they are owner
x of all the property set forth in sal
as deed subject, however, to the term
ed and conditions and charges thereon
he set forth in the deed aforesaid.
no Defendants deny all other matter
VI in said bill contained not hereinabov
specifically admitted, answered or dc
at MED, and pray to be hence dismisse
e- with costs.
ne DAVID KAwANANAKOA,
nd J. X. KALAMAZOO.
IN Honolulu, Island of Hawaii-ss.
20 David Kawananakua and j. Kalani
y, anaole, the above defendants, bein
ar duly sworn, severally depose and sa,