The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-09-21
MRS. BERGER
LOSES CASE
Judgment Given For
Booth.
BROTHER DEFEATS SISTER
Judge Humphreys Holds in Favor Of
Booth and Desky--0ther
Court News.

Mrs. Sarah Berger has lost her suit
against her brother, c. w. Booth, and
c. $. Desky. over the Pacific Heights
property. The case was submitted to
Judge Humphreys yesterday morning
and he Immediately gave judgment for
the defendants dismissing Mrs. Ber-
gers bill.
In his oral decision Judge Humphreys
said that the basis of Mrs. Berger's suit
and the principal ground upon which
she had asked judgment was that in
the sale Of the property her brother
was held TO more than usual care be-
cause he occupied a quasi-fiduciary re-
lation to her on account of his being
her brother. But according to the tes-
timony in the case. said the court, IL
was shown that Mr.. Booth could not be
held TO occupy any such relation to-
wards her. Mrs. Berger herself had
/ testified that she had not been on good
terms with her family for some time,
and likewise that she had not depended
upon what her brother had told her of
the value OF the property but had sent
an agent and taken her side of the
transaction out of her brothers hands
SO she had no right to contend that her
brother had taken any advantage of
his relation To her in disposing of her
property. He gave judgment for the
defendants, dismissing Mrs. Bergers
bill.
Yesterday morning c. w. Booth, C.
/ s. Desky, w. G. Weldon and z. w.
Jordan were the witnesses. They all
told OF the location of the property and
OF its small value without the water
right which had been secured since Mrs.
Berger had sold out her interest in 1t.
UHLBRECHTs ESTATE.
Mrs. Emile Uhlbrecht, widow of Emil
Uhlbrecht, the man who was drowned
of Makapuu Point and whose foot was
afterwards found in the stomach Of
shark has filed an inventory of her
husbands estate in the Circuit Court.
1t shows a piece Of real estate with
dwelling house on II at Kekio. Waikiki
kai, Honolulu. containing an area of
5000 square feet. To this the minors
are entitled subject to the widows
right OF dover. OF personality there is
a bicycle valued at 500 a chest of tools
worth $40. household furniture worth
$40 and 5000 in cash. This consti-
tutes the entire property of the deceas-
ed. With the inventory Mrs. Uhl-
brecht files a petition for an order for
the sale Of the real estate at Waikiki
kali. She states that she has sold all
the personally to maintain the children
since her husbands death. She asserts
that the house on the property is I'M
finished and that IL would require $500
at least to put 1t in shape for renting.
After II was completed it would only
rent for $40 to SIS per month and that
such an income would be insufficient TO
support the minors.
She asks that she may be permitted
to sell the property and use the money
for the support Of her children.
THE ENTERPRISE CASE.
Captain Frietsch of the schooner En-
terprise Is in all kinds of pilikia- on
Wednesday his sailors recovered judg-
; ment in one OF the libel cases which
they have had in the United States Dis
trict Court and the captain wants TO
; appeal the case. But meanwhile his
) vessel is held for the Judgment which
has been obtained.
. Yesterday the captain filed an affi-
. davit asking the release of his vessel
. lie states that 1t is loaded partially
. with hay and that II is leaking badly
. 80 that the cargo is being spoiled and
unless II Is released and he is given ar
opportunity to sell the cargo he win be-
unable to realize half of its value.
Judge Fstee however denied the peti
ton for the release of the ship. He or
dered $500 bond filed in the case OF
Parkinson VS.. the Enterprise. and thi:
bond was filed and will come up for ap-
prevail to-day.
HAYDEN'S ESTATE.
The petition of Thomas r. Lucas. Z
creditor and bondsman of /. y. Hay
den who died few days ago. to be ap
81 n