The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-09-26
Judge Perry's Rulings in an In
p0rtant Equity Suit.
THE AULD PROPERTY AFFECTED
Deed lin Question Should be Reformed
So as to Correctly Express the
Intention of the Parties.

Late yesterday afternoon Judge Per-
ry handed down the following decision
in the case of Bruce Cartwright, trus-
tee, Edith w. Morton and Maud Auld.
|complainants, against Charlotte K. Iau-
kea and Curtis P. Iaukea. her husband.
a bill in equity for the reformation of
a deed:
On the Goth day of January, 1876, one
Uwini Auld and JamesaAuld, her nus
band, conveyed and transferred by
deed of that date to Alexander ]. Cart
wright certain real and certain perso-
nal property in the deed described
upon trust to pay the income thereof
to the said Uwini for her sole use dur
ing her lifetime and from and immedi-
ately after her decease to pay the
same for the education, maintenance
and support of complainants, Edith
and Maud, and of their brother Henry
all three being the children of the
grantors-and of respondent Charlotte
K. Iaukea, nee Hanks, niece of the
grantors, for and during. their natural
lives, and from and after the deaIi of
the last survivor of them to convey,
transfer and deliver the corpus aud
the accumulated income of said prop
erty to the heirs at law of such sur
vivOr; and upon certain other trusts
therein named. At the time of the
execution of this deed, respondent
Charlotte K. Iaukea was the owner in
her own right of an undivided interest
in certain of the real estate purport-
ed to be conveyed by Uwini
in and by the trust deed, the property
here referred to being (a) the house
and lot at the corner of Nuuanu and
Hotel streets, Honolulu, r. p. No. 1i16,
CD two parcels situate at Kauluwela,
Nuuanu valley. being apanas 1 and 3
of r. p. $3.50. and Co a parcel at Ho-
oulu, Waikiki, r. P. No. 2O1S. The
same respondent also claimed ar un-
divided interest in a certain Other piece
of real estate named in said trust
deed and situate at Kamanuwai. Iio-
nOlulu. The trustee denied that she
had any interest in said aforementioned
land.
A. J. Cartwright accepted the trust
and entered upon the performance of
his duties Hereunder. Shortly after
Uwini Auld's death respondents and
the trustee, being apparently desirous
of severing their interests in the three
pieces of property here mentioned
whether or not in remainder, also, of
the trust property / need not now say
entered into negotiations looking to
that end, and on November %, 1878,
an agreement in the following words
was signed:
Honolulu, November %, 1878.
In consideration of the sum of one
dollar to us in hand paid, and in ccn-
sideration of the sum of Seventeen
Hundred Dollars to be hereafter paid,
and in consideration of the execution
of a deed to us of the half-interest of
the children Of James and Uwini Auld
in the land situate at Hoollu. Waikiki, |
Oahu, we do hereby agree to sell and
convey to Alex. J. Cartwright, trustee
of the minor children of James and
Uwini Auld, all our right, title and in
terest of, in and to the real property |
at present used and occupied and in |
the possession of A. J. Cartwright, |
trustee as aforesaid, and to execute |
and deliver a good and valid deed ior |
the same whenever requested so to do |
subject, however, to the approval of |
the court, if deemed necessary to OBJ
tain the same. Saving and reserving
any interest which we may have in the
land at Kamanuwai, which is contend
ed upon part Of A. J. Cartwright that |
parties hereto &C. P. Iaukea and Char
lotte Iaukea, his Wife, have no inter-
est in.
"CHARLOTTE K. IAUKEA.
"CURTIS P. IAUKEA.
Witness: CECIL BROWN
In pursuance of the understanding
disclosed by this instrument, the trus-
tee, on December 6, 1873, executed to
he respondent Charlotte K. Iaukea a
release Of all his right, title and in