The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-11-09

the the other and that all OF
pondent the trusted friend and adviser OF sao MARTHA
regard her property and business TRANSACTIONS 1h' Wi
few weeks of her DEATH Martina realizing that her end was near
and desiring and intending arrange her property affairs IN the
above stated said respondent INTO
advise her the best method of dsposng OF au
attain said object and that the course OF the conference
which then followed defendant advised and persuaded sd
Martha Swnton that the only safe manner IN which TO carry
the intention and purpose said Martha e. Swnton to SO
her said neces and nephews the said property IN man
aforesaid thereof to sad de-
PENDANT trust for and the OF said neces ana Oh
said deceased that other adduced W
persuade said deceased into adopting such aforesaid was
the of probate proceedings for the establishment OF last
will and testament and the uncertainty of being able to sustain
will of said deceased favor of her said neces and nephew
of thereof by the brothers and sister OF sad de
ceased above named that in of said
said deceased by and the of said defendant and which
said deceased then and there believed sh said deceased was
then and there induced and persuaded execute acknowledge
and deliver the deed in question: that the respondent being the
confidential adviser aforesaid and well knowing the desire and
purpose of said Martha seeking selfish and fraudulent advan
tage respect said property deceived and persuaded Martha
into the belief that said deed executed by her, would
her neces and nephew the beneficial ownership OF the SAID
property and promised and assured Martha that he would hold
said property under said deed in for and to the of said
nephews and neces that the death of Martha said
dent has denied the of said and claim
ed the sole legal and beneficial ownership said property and
denies that said nephews and nec have any right equitable
otherwise therein; and that said deed obtained by mis-
representation and fraud represent the wish pur
pose or intent of the grantor.
The prayer already stated above and the alternative
that respondent be ordered the property the nehews
and neces named general PRAYER reefis also added
Respondent his admits the relationship of the parties
the minority of the nephew the ownership by Martha of
the property mentioned adding that conveyed by
him in 1868 for consideration other than the affection and
the bill concerning Marha Illness except that he that she
confined to her bed for only few days. denies the truth of
the avernents concerning Marta intention the disposal
of her property admits the of friendly confidential
relations between himself and Martha and the
her trusted friend and adviser regard property
business transactions; denies the truth of the allegations
how he obtained the deed and the subject
be these that about three four weeks before the death of said
Martha c. Swinon she the and talk
with her about the disposition of her property should
from the illness from which she then suffering;
that said Martha Swnton then and there told him that she did
want to show any paraty toward of her relatives the
distribution of her property and that she did wish
in such that they could divide dispose of it,
she desired that order might
all OF them all times have place where they could live if
they with unable provide themselves with
home elsewhere She also stated the defendant that there
of hem she there was some
having control of the NATTER they would get
quabbng among themselves trouble; that the said
Martha g. Swinton, without suggestion the part the de-
fendant stated that she had thought of making WILL
afraid OF the uncertainty of establishing WILL and thought
had better be done by deed thus placing the property
that by his deed will it might eventually the
whom he knew that she preferred should eventually possess
in which opinion the defendant concurred That she told
the defendant that she wanted him
whom the property should be conveyed with discretion
allow all of her relatives the said premises
homestead the for the such discretion being
that relative making trouble for the others living
the time being could be removed therefrom
the family without the legal right refuse remove
and with the further object of preventing of her
ves from selling otherwise dsposng of said premises
for other purpose than homestead That agreed
her and prepared submitted it to her that
Martha carefully examined the ex-
pressed exactly what she wanted expressed
respondent any desire that her nepes neces should ex
cusve have the beneficial interest in the land but on the con-