The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-12-05
La Irtimidad
|pORTANT
DECISION

sm cleshorn 90 castle (referrinr
dmlnlstfallon ~ the estate of
HiisnU rccltsa that the grantor
J isafous " surrendering the
lfut and said grantee has row
Al 10 assume the same" and In
hndum declares the property 10
|Hgsd I'm trust nevertheless 10
lNlnr uses and purposes. that
b. during the lifetime OF Ana
y sldow % said Antonio Philip.
J luf 10 her all the net rents. Is
h profits thereof and at her
convey the same TO the heirs
nons who may be so declared
uf, 10 be- entitled thereto"
|flnlee assumed all Of the du-
d responsibilities % a trustee
fni viii Castle himself recog-
M, iur he declined. M was his
pc either To allow Ara Mono
4 nfoach ON the principal or to
NJ property At the request OF
|nndermen and Ana Momona,
ftd principal lsce paragraph :
r. md page % Castles evil
uns. iSsa), and n was In con-
Z this refusal that Ana Mo-
me dissatisfied and finally
y lpon Castle 10 hand over the
4 70 others. this Ne did. stiil
With the same trust. This
= held 10 have been n payment
nrlpfl The property except
ue Income FOR NE, az 10 which
,mw no dispute. ana not belong
Y, tenant or principal. and was
n'e'd or treated by the respond
staging to her. The will pro-
eve and bequeeth To the
w deceased friend. Nicholas
w resldes with mo. one.quar.
" state, ~ George Frtei. the
~ nor deceased friend. George
.o resides with his mother.
~ of my estate: 20 Antoine
w, son of my friend. Manuel
larter N my estate. q, An
uas Anna, another son OF
~ lrlend, one-duaftcr ~ my
Az ~ whom I stood COL
mslr baptism. I 10 hereby
ahu appsant my frlend. Ell
~ ~ Honolulu. executor of
w VII and testament and in-
WIN tull power AMI authority
sfse ~ and mRncge my cs-
. WI use and benefit " the log
NV Named and finaily Co dis
sne ~ tho iegstces, whr
te the remalnder after NV
"e UPON their scversiiy be-
Sc The respondent was
~ these provisions. and did
-. wv cause the property ~ 70
M other than NJ specified
~ lhoush n must be- ssia. NJ
=. W have acted negilv-ntiy IN
corpus 81 tho estate n
w The manner shown 81
49, .nd stated aDove.
w me land and tho trans
Unfs was made not solsi,
as,ase n law bit through
1.n net caused ny the mis-
~, though Innocent. ~ ~
a.. MATTERS upon which N,
1870 nnve informed himself
IN, IN, M, might. II IL true. hsv'
Wnst property wherevel
IA 20 DO found. but. en- IN,
-. y may elect o. Iook solicit
49, WIN whom he i~alt. sns
~ whose reprssenta
s,,. So, wv with the trust estate
n. ~ % imputed 20 TIC con
ne instituted pro-. eed,ng
y, \, urst ascertainlrg. b.
\ ,ss.. we court, that tho fact
'A,,.,.ht W the remalnfermei
,...., tha1 he had been 10,
'snt TO believe that the,
a " INC Title % the land
>,.l.. Iespnndent. IL urged b
= ~ ~ a reawn why n
n n ,eed " pay he Who'll
N, a estate Nv rnsh md NJ
49,, md. since N would no
Nj. IN make such n recon
49, lhnt ~ me CONT A., cor,
49,. ~ ~ decree. Tn
nill 10 for n reccnvey
IN n ~ 'ternative. payment Z
h, ~, IN view ~ tho cir
Va i 80 stated which sui
w an ~ the convevanc
nl.sa. w acceptance by Ca
N ~. ,'on " fi.ao1. We ace ,
wy wy Justice requires ms
M wen an opportunI,y
n anu ~ cause its recor
h..presentins the sur, /,
s'er ne " cLshls ., 4