The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-09
DECISION IN
H|L0 CASE
Ind of an important
Suit.
LOWER COURT SUSTAINED
Inventory Of Halstead Estate--Suit
Against J. N. and N. D.
Monsarat.

Supreme Court yesterday i'm the case
Of Elizabeth Keliiiihune against Cath
crime Vierra and Joseph vierra, over
ruling the exceptions filed by appel
lants and remanding the case for such
further proceedings as may be neces-
sary.
The suit was an action in ejectment
brought by the plaintiff to establish
her claim To an Undivided interest in
certain land in the District of South
Hilo. Hawaii. A judgment was rend-
cred for the plaintiff for an undivided
one-sixth interest in the land at sos SO
damage
The decision is written by Justice
Perry and is cOncurred i'm by Chief
Justice % Frear and. Justice Cal
braith. The important point de-
cided as stated in the syllabus is as
follows: Il. and NJ. executed a deed
OF certain property therein described to
;. l.. F., X. and N. the operative
words used being. We make give, sell
and convey absolutely and release alb
solutely and by this instrument We
make. give. sell and convey absolutely
and entirely release into our beloved
sons, L.. F.. their heirs executors. adj
illustrators and assigns forever. and
to X. and ". our beloved daughters,
their heirs. ETC. A later clause in the
deed reads as follows: Nevertheless,
all the property conveyed by this in
! strument remains in our hands and in
our possession and care and we are to
collect all the receipts and the things
growing on the land described above
and take them for our benefit and at
the decease OF one OF us the trights)
power OF this instrument goes to the
other Of US until the death Of both OF
us then the pieces of land, revenues
benefits. rents and all other profits. will
40 to our beloved children, 10, Felix
Keanuenue and Niue as set forth above
In this instrument Held, that a pres
ent interest passed to the grantee:
named. subject only to a life estate re.
served by the grantors TO themselves
n Carl S. Smith and j. w. Cathcar
!, represented the plaintiff and r. w
Hankey the defendants.
HALsTEAD's LARGE ESTATE.
George r. Carter administrator of tn
estate OF Robert Halstead, the well
known capitalist who died in June las
i yesterday fled an inventory of the prop
erty.
! The only piece OF real property include
Is a ranch Of 30 acres at Aqua Calient'
Sonoma County. Cal. valued at 5000
The personality includes two Governmer
8 per cent bonds valued at 500. 300 share
OF Mutual Telephone stock valued at 81
40. 10 shares OF Honolulu Market stoc
valued as 81 go. 300 shares First America
Bank stock valued at $4,000. note {
Castle n Cooke for $4,000. cash in accour
La A he.
value Of the estate u s213.S20.0l.
n NO TEMPORARY ADMINISTRATOR
The petition for the appointment of c.
ell Brown as temporary administrator
the estate OF W. n. Cummings. form
road supervisor. who died in japan La
July, was denied yesterday by Jud,
Humphreys. The appointment was asks
~ so that there might be someone authori
ed 10 act for the estate pending the al
q pointment OF an administrator.
ESTATE OF ROBINSON MINORS.
TX. Kane has fled in the Circu
Court his annual report as guardian
,o Elizabeth ". Robinson and Isaac J. Ro
irsou IL shows total receipts of 81 .9Ds
and liabilities Of yl.l09.74. leaving bs
ance after deducting the guardians cor
mission OF $50. Of s5.9l9.2l. OF this lisa
+, IT, Robinson IL entitled to s2.s5e.s0 and Eli
ed abeth H. Robinson Is entitled TO $3.50
g NJ. Damon and n. f. waity. dol
business az Bishop & Co, have broug
4 4 suit in the Circuit Court against J.
iii Monsarrat and NJ. ID. Monsarrat on
W promissory note for 500. The complal
recites that on June 18th. 1890. the defen
ant j. NJ. Monsarrat made and deliver
!. 20 the plaintiffs a promissory note a
= lby n promised TO pay to the order OF
ID Monsarrat the sum OF 800. in I
q months, NJ. ID. Monsarrat becoming
endorser and guarantor. The note
nrotssted by the plaintiffs and payne
r,as refused. hence this suit was broug
Atkinson * Judd are attorneys for
plaintiffs.
DEFAULT AGAINST WALKERS.
A default Judgment was rendered
Judas Humphreys yesterday In favor
US nlaintifr In the case OF l.. II. Kerr *
ysJs walker and Blanche G. Walk
The suit was on a promissory hote
n.y. sDO made on June eth, 1900. IL was G.
ldltionee for payment In ninety days
ain navnent was refused and the note
l,.-,ed No appearance was made on
laling OF the suit and the default judgm
.oy foIlowed +. w. Hankey was attor'
for the plaintiff.
ION. CASE SETTLED
by NV stimulation between the parties,
has been agreed that decree IN tne
axe ~ wong hut Nam vs.. Chock sing E.
mail be entered for the plaintiff. max
me temporary injunction granted rec'
|. lIv bv Judge Humphreys perpetual
BARETE ESTATE.
eo- tn. report OF C. c. Biting. app1 pi
master to examine the accounts OF ~ =.
any ard Antoine. executor Of the VIII OF M N
rel a. Barete. was approved by Su
Humphreys yesterday anu . IN
was ordered to pay the money IN
nsnds into court and was then 20 pe
r e nsau Antone's accounts showed
ss n,,,s ~ ussx 30 and expenditures OF
Sas "a. leaving a balance for tne es'a'
s.s3s.s5.
-ODAN