The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1899-09-22
Some Extracts iron The Principal
Document % File.
WILL THAT CAUSES the DISPUTE
TIE Propsrty that Is Put 10 Jeoesrdy
BY the Actions sud the Juas-
neat o. Demurrer.


lance of the suits commenced by c. X.
c. Rookie against the trustees OF the
Queens Hospital and the trustees OF
the Bishop Estate, which are now be-
ing argued before the Supreme Court
on exceptions from the decision OF
Judge Perry overruling the demurrers
of the defendants, the Advertiser this
morning presents copies Of the COM
plant. the schedule Of the property in
volved, and the decision Of Judge Per-
ry overruling the demurrers Of the de-
PENDANTS, which Is now being appealed
from:
THE COMPLAINT.
The undersigned. c. X. c. Rookie,
plaintiff herein, complaining Of the
Queens Hospital, a corporation exist
ing under the laws of the Republic OF
Hawaii, and Chas. H. Bishop, s. M.
Damon, C. NJ. Hyde, J. o. Carter and
w. +. Allen, trustees under the will OF
Bernice P. Bishop. defendants herein,
says: That the plaintiff Is entitled In
fee simple to all of the lands, tene-
ments and hereditaments described in
schedule hereto attached and made
part hereof, to which reference is here
by made: For that Thomas Charles
Byde Rookie, of Honolulu, Island OF
Oahu, being seized in fee at the time
of his death of all OF the said lands,
did, by his last will and testament, a
copy whereof is hereto attached and
made part hereof, give and bequeath
the real property in said schedule de-
scribed, and all thereof, to his wife.
Grace Kamaikui Rookie, to be used and
enjoyed by her during the term of her
natural life, and from and immediate
ly after her decease. the said +. c. b.
J Rookie did give and devise the said
real property to Emma Rookie. she
having been adopted by the said T. c.
b. Rookie on the 18th day OF Deem
Der. 1851, to be used and enjoyed by
her during the term of her natural life
and her children forever, but should
the aforesaid Emma Rookie decease be-
fore him, the said testator, or decease
without leaving any issue. then he, the
said 7. c. b. Rookie, did give and be-
queath the said lands unto his nephew
and godson. c. X. c. Rookie, as c. c.
X. Rookie. the plaintiff herein, and his
heirs forever: That the said testator
died In the year 1858, and shortly
thereafter said Grace Kamaikui died;
That on the I'd day Of June, 1856, said
Emma Rookie married Kamehameha
w., King of the Hawaiian Islands;
That by said marriage, she, said EN-
ma Rookie, then Queen Emma, had is
sue born on the Goth day of May, 1858,
a son, the Prince OF Hawaii, who died
in the year 1862, leaving him surviv-
ing both OF his parents, to wit, Emma
Rookie, then Queen Emma, and Kane
hameha w.; That the said Kameha-
meha ~. died on the Both day of No
vember, 1868; That the said Emma
Rookie, then Queen Emma, never re-
married nor did she ever have any
other child born to her than the
aforementioned Prince of Hawaii;
That the said Queen Emma died in the
year 1885. and by her last will and tes-
lament, which was duly admitted to
probate, purpOrted to devise the lands
In said schedule described to the
Queens Hospital, One of the defend
ants herein; That the said Queens
Hospital, defendant herein, claim said
property as devisees under the will of
said Queen Emma; That said trustees
under the will of B. p. Bishop, claim
that one-fourth of the said lands, upon
the decease OF said Prince of Hawaii,
became vested In said Kamehameha
Nv. by Inheritance, and that said one
fourth was vested In said Il. p. Bish-
op at the time OF her decease and that
the same Is now vested in said trus-
tees; That said Queens Hospital and
said trustees under the will OF b. p.
Bishop claim said lands adversely to
the plaintiff, and that plaintiff is de-
sirous OF determining said adverse
claim and Of having the same adjudi-
Gated; And plaintiff alleges that said
defendants are necessary parties to the
complete determination and settlement
OF the questions involved herein.
Wherefore plaintiff prays that the
defendants may be summoned to ap-
pear and answer this complaint and
that they be required to set up any ad-
verse claims that they may have In or
to the aforesaid property or any part
thereof, and that the title to said prop
erty be quieted and plaintiffs owner
ship In fee simple OF the same may be
confirmed. and for costs. and for such
other relief as to the court may seem
meet,
SCHEDULE,
]. The property known as the
French Hotel premises" situate In
Honolulu. Oahu, being the land de-
scribed In Land Commission Award
92t, Royal Patent $50, 10 DIR, y. G. Is.
Rookie, containing $1,000 OF an acre.
2, The property known as Queen
Emma residence" situate In Honolulu
aforesaid, being the land described In
Grant 80 10 DIR, y, q, u, Rookie, con
tanning ! bloc acres,
3, The land situate NJ Honuakaha
Honolulu Aforesaid, described IN Land
Commission Award ST. 10 NJ, kekua-
naoa, excepting tberefrom lot con
yeyed by =, &, u hooke 10 one InnIs
described 40 follows Commencing
~ lhe north corner IL this lot lEs
boundary rups south 81 bv wssl, ibI
feet along Manaoalapils lot, thpnes
along Joseph Deals loi p7H foel
thence alung Peter jordan's LOT Is.