The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 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. s. Desky, over the Pacific Heights
property The case was submitted tc
Judge Humphreys yesterday morning
and he Immediately gave judgment for
| the defendants Diminishing 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, 1t
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. Berger's
bill.
Yesterday morning C. w. Booth, c..
S. Desky, w. C. Weldon and E. 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 it.
UHLBRECHTs ESTATE.
| Mrs. Emile Uhlbrecht, widow of Emil
Uhlbrecht, the man who was drowned
off Makapuu Point and whose foot was
afterwards found In the stomach Of a
shark has filed an inventory OF her
husbands estate in the Circuit Court.
1t shows q piece of real estate with a
dwelling house on it at Kekio, Waikiki
kali, Honolulu, containing an area of
1000 square feet. To this the minors
are entitled subject to the widows
right of dover. OF personally there Is
bicycle valued at $50, 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 personality to maintain the children
since her husbands death. She asserts
I that the house on the property Is I'M
finished and that 1t would require 5000
at least to put 1t in shape for renting.
After 1t was completed 1t 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 plllltia, 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.
He states that it is loaded partially
with hay and that 1t is leaking badly
so that the cargo is being spoiled and
unless 1t is released and he is given an
opportunity to sell the cargo he will be
unable to realize half of its value.
Judge Estee however denied the petit
ton for the release of the ship. He or
dered n $500 bond filed in the case of
Parkinson VS.. the Enterprise, and this
bond was filed and will come up for APP
prevail to-day.
HAYDEN'S ESTATE.
The petition of Thomas r. Lucas,
creditor and bondsman of l. n. Hay
den who died few days ago, to be APP
pointed temporary administrator of
Ilayden's estate was denied yesterday
by Judge Humphreys.
Lucas in his petition asserted that
Hayden's estate was valued at $4,000.
consisting of stocks and other personal
property. He states that the principal
item of the estate is contract for the
completion of building at the corner
of Fort and Hotel streets. Lucas
wished permission to act as temporary
administrator for the purpose of COM
pleting the building according to the
Terms OF and within the time prescrib-
ed by the contract.
WILLIAM CARSON CASE.
All day long yesterday in the Supreme
Court Attorney Mechanism read testi-
moEy In the case of Hind vs. the Wilder
steamship Company, the case which arose
out OF the sinking of the William Carson
by the Claudtne several months ago.
The appellant has not concluded his case
yet and il viii be at least another day
be fore the case Is finished.
NEW CITIZENS.
The following We're the new citizens
admitted by Judge Estee yesterday:
Richard T. Richard of England,I Conrad
Bollmann of Germany. NJ. Il. Dedmattos
OF Portugal. Thomas Smith of Scotland.
COURT NOTES.
United States District Attorney John
~. Baird was yesterday admitted TO prac-
tee In the Supreme Court of Hawaii
William C, King has filed general de-
Nal to the complaint of Eugene Avery I'm