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

his death his heirs have held and now
OF the five nephews and
a ordered accordingly.
OPINION OF THE
e. A. Magoon Esq, dissentng).
These proceedings were instituted 10th day of Novem
her, 1891 before Justice of he Supreme Court sitting
Chambers of equity by Mary e. Adrlch, Helen B.
King Harriet n Brown, Helen NJ. Seal, Henry s. Swnton
Charles f. S. Swnton and Douglas X Brown and Norman
Brown, by William c. King, their friend, compliments
against W. James Smith, respondent The main prayer of the
bill that respondent be declared hold certain property there
in particularly described and situate in Honolulu, Oahu,
for the certain of the companan named The
tried and submitted during the month of December 1891
and in January 1893 the Justice before whom the trial had
resigned his office without having rendered decision w. JAS
Smith died 22d of March, 1885, and the 18th of May
of the following year bill of fled recitng the fact
of the respondents death and praying that Priscilla E. Hasn
ger, Henrietta Ross and Annie H. Turton his heirs law
be substituted his stead parties defendant and that the suit
stand revived against thm the plight and condition
it in before the death of the respondent
In june 1897 the cause revived submitted Judge
of the Circuit Court of the First Circuit who the month of
October following filed decision and of the
compliments For certain defects in the parties the
bill of revor that decree and the remanded
Douglas H. Brown, having of age and deemng his
interests be adverse those of the companant
that his be stricken from the record that of party
plaintiff. His motion granted, and he subsequently
made party defendant Other proceedings had and final
the entitled above, again. in July of this year,
argued before another Judge of the Fist Circuit who
deed decision and signed decree granting the relief prayed
for in the original BILL The to this court on
appeal from that decree.
At this point wish call attention the fact that the
decree entered July 81 1892 which purpors the orig
ina suit and place it the plight and condition
just prior the death of W. JAS Smith, the of Charles
f. S. Swinton party plaintiff is omitted that of Helen
M. a
by oversight clerical mistake That decree itself
that Charles s. Swnton the original plaintiffs: and
stipulation, dated November a. 1891 le whereby all
the parties concerned agree that he of Helen NJ
be stricken from the record of complainant and
that her may be added that of party defendant with
out necessity of amending the bill of complaint that the bill shall
be considered though had amended of
the bill be handed the attorney of said Helen NJ
Seal who will accept service thereof that the trial of the
issues herein thereupon proceed though change
been made in the parties hereto The decree of
1892 makes the title of the revived the does
hat OF July IL 1872 excepting only that the of Douglas
n Brown added that of defendant If this was in fact
due merely oversight clerical mistake the DEGREES should
be corrected by the below
The allegations original bill are in brief as follows
That companan respectively related the late Martha
Swnton thus: Henry Swnton and Charles f. s. Swnton
brothers, Helen NJ Seal sister Mary c. Aldrch Helen
King and Harriet n. Brown neces Douglas X Brown
and Norman Brown nephews that companants are
the only heirs law of said Martha Swinon that Douglas
n Brown and Norman Brown that said c.
Swinon possessed in her right during her life of GER
tain piece of land described Martha c. Swnton died on or
about August 1891 that for several prior DEATH
she suffered from malady which finally resulted in her death
and which, toward the close of her @ confined her
and bed that for past had been and
the execution of the deed hereinafter mentioned
tenon, desire and purpose of said Martha c. Swnton
leave and dispose of her said property that her DEATH
fetal ownership and occupancy should be secured her
nephews and nece above mentioned equal parts and rights
and the exclusion of all other peons that for years
prior her DEATH Martha c. and
respondent Smith sustained friendly and confidential relations