The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-31
TO SETTLE
THE ESTATE
Judge Widemann's Will
In Court.
TRUSTEtSWANT DISCHARGE
Death of the Widow Removes all
Obstacles to a General
Distribution.

In Dill FOR construction of will, Is
'rioutlon or property and discharge of
Justices, Henry X. Macfarlane, Fredcr-
ick w. Macfarlane and John M. D1w-
sett' as trustees under the will of Ter
man "A. Widemann, deceased. have
brought suit against Emile Macfar-
lane. Martha Berger. Herman A. VIDE
mann. Anna Widemann. Alwine Con-
radt. Carl Widemann. Emma Ma. FIR
lane, Wilhelmina Dowsett and Ger
truue r.. LAM, in order that the court
may construe the will as TO the man
ner OF distributing the legacies under
the WILL They also ask for a decree
directing the manner in which and the
persons to whom the property in the
hands of the plaintiffs shall be dist;ib-
uted. and for the discharge of the PLAIN
tiffs as trustees.
The case hinges entirely on the ques-
ton of settling once and for all the be-
stowal of the legacies made by the late
Judge Widemann upon his heirs he
death of Mrs. Widemann, follow ing
that OF her husband. makes the petition
In the present instance a natural. one,
and Imperative for the closing up OF the
matters Of the estate. The death of
Mrs. Widemann removed all obstac les
TO a general distribution of the entire
estate into the appointments set
forth in the will.
The orators, by their attorneys,
Hatch & Silliman. respectfully show to
the court: That they were duly named
the trustees in the will of the late Judge
Widemann. duly filed in the Circuit
Court. and duly admitted TO probate on
March IL. 1899. On December 7. 1899,
the orators as executors under the will
filed petition for their discharge as
executors which was heard on March
20 Of this year. whereupon an order was
made approving the accounts and dis
charging them from further resi- on
sibility. On April IL the executors flied
receipt In court for s23.267.S4. t~a;nE
the total balance of the funds in their
hands at the time Of their discharge by
the court.
In the will of Herman A. Widemann.
the latter disposed OF all of his resid-
uary estate to the orators upon trust
and to pay out of the same to Kau-
mana Widemann, his wife. an annuity
Of $1,000. and upon her death to pay
certain legacies to the several chiIf.I en-
Of the deceased, save and except the
eldest. Otto. whom the orators charge
and believe to have pre-deceased the
testator.
A further statement relative to the
son. Otto. is to the effect that the lat
ter went to sea and followed the call
ing of a seaman prior to the year 1871
That in that year said Otto Widernann
dc parted for parts unknown as the ora
tors have been informed and vertically
believe. and since that time he has
of the family.
All Of the payments mentioned in the
viii have been made. After the pay
ment OF these legacies IL was also stat
cd that lega,.ies should be paid to the
surviving grandchildren in the sum OF
$1,000 each. provided there was suffi-
Gent to pay the same. These were duly
paid. BY the accounts 1t appears the
petitioners have received s194.72S OF
c1pital and Income, and have expended
s1S3. 37s.17. leaving a balance Of cash in
the possession of petitioners In the sum
OF Sl1.34s.s3. There is personal property
also in their hands. consisting OF two
paid-up life Insurance policies Of the
total amount of s1,s1e. the particular
nature OF which is set forth in the in
ventory Of the estate. and also a prom
!ssury note Il George Il. Smithies
heaI1ng date of December IA. 1893, pay
able three years thereafter In the sun
~ $500. b. special request of the heirs
The following children are alleged e
be the sole heirs of Hermann A. Wide.
mann and Kaumana Widemann. de.
caused, all OF whom have attained theil
full majority. namely. Emile Macfar
lane. Martha Berger. Hermann A
Widemann. Anna Widemann, Alvin,
Conrddt. Carl widemann Emma Mac