The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-06-27
TEMPLE Of
JUSTICE
Insurance Test
Case Now or
Trial.
SUPREME COURT
STILL BUSY
Administrator Osorio Answers
Charges Says He Will File
Accounts Later.

and was before the court all day Pc |
terson & Wilder appearing in behalf ots
the defendant and Magoon & Thomp- !
son and Hatch & Silliman for the plain
tiff. A number of spectators were pres
ent, the case being of wide interest, in
the payment of insurance To the China |
town losers by the plague fire. At
o'clock court adjourned continuing the F!
case until this morning at $50 o'clock. |
COURT NOTES.
Defendant in the case of Lee But Sic
ct al VS.. Wo How Chung ct al, by his |
attorney, F. NJ. Brooks, has filed demur
rer TO plaintiffs bill of complaint on the |
ground of alleged lack Of Jurisdiction on
the subject matter of the action by the
Court
In the case of II. G. Refs VS.. Oahu |
Railway & Land Co. Thos. Fitch. as at
torney for plaintiff has filed notice that |
plaintiff will, in motion for a new trial o |
said cause, rely upon the ground that |
error of law was committed at the trial |
In that the verdict on which judgment |
eoncurred in by only eleven jurors out of
twelve and in support thereof that plain |
tiR will rely upon the files and records |
m the case.
BILL FOR PARTITION
Adelaide Schlief and John Schlief. her
husband, have brought an equitable suit |
for partition against Joseph Clarke, Alex
ander Lazarus, Henry Smith. as guar
dian of Naomi Lazarus, a minor, Joseph |
0. Carter, as guardian of Madeline II. K.
Lazarus and Eleazer X. Lazarus, minors.
Mr. and Mrs. SchHef allege that they
are owners of an undivided one-ffth in
terest in certain lands, the defendants be-
ing owners of the other four-fifths inter
est, and that il is desired that division be
made. The lands referred 10 are one
parcel at the northeast corner of King
and Punchbowl streets, another On the
south slope of Punchbowl HILL and two
lots in Kuiaokahua; also a lot at the
mauka corner of Punchbowl and Palace
Walk, three lots in the District OF Hama,
Island of Maui, and piece of land at
the west corner of Maunakea and Paua-
hi streets.
PROBATE AND GUARDIANSHIP
F. ] Russell has filed his report as
master IN the matter of the estate and
| guardianship of the Kahookano heirs re-
| porting that all the computations and ac-
| counts of the Hawaiian Trust & Invest
ment Co, guardian of the estates of said
heirs, have been examined and found to
be correct, but that said guardian ap-
pears only to have acted as bank for
the depositing and paying out of money
and that no attempt appears to have been
| made by II to collect the many debts due
| the estate; II shows that the said heirs
/ are now residing with and mainly sup
ported by their fathers cousin. at their
home on School street; that the surround
| Ing property is being rented in an inter
| mittent manner and that the best returns
are not being had from such property.
and that said minors are of the age of
Is years and under and have never had
a guardian Of their persons appointed.
| Mr.. Russell recommends that such a
| guardian be appointed the heirs over 10
years of age to have a voice in the ap-
pointment. and that the accounts of the
Hawaiiao Trust & Investment Co. be al
LEVIED.
| Anna Wright VIM. O Smith and
VIM. W. Wright. executors, have filed an
inventory in The matter of the estate of
John n. Wright showing the t&al of
such estate 10 be So. 900, worth (at par
value of Ookala Sugar Company stock,
and personal effects of uncertain value,
being household furniture and personal
effects in the family residence at Little
/ Britain, Honolulu, including a gold-head-
ed cane and gold watch and chain.
Fl. H. Williams has filed petition for
letters of administration in the matter of
the estate of James n. Hunt, deceased.
oSORIO ANSWERS CHARGES.
J. A NJ Osorio, administrator OF the
estate of Jose A. da Silva, deceased, by
his attorney, A. G. Correa, has fled an
answer to the petition for revocation of
his letters of administration. The admin
istrator denies that he ''contrived TO
cheat, wrong and defraud said estate.
falsely and fraudulently represented In an
inventory fled herein by him in this
court that the value Of the personal es-
tate wearing apparel, etc. of the value
of SIS, or that he sold the same for $500. =
On the contrary, he alleges that his in
ventory was correct and true, and that
said personal estate did not bring the
sum of $500 but about the sum Of so.
and that the plants and greenhouse
stock mentioned were sold. together with
the leasehold, which leasehoId petitioner
states that he sold for 1900. not report
ing such sale and keeping such money
as his own: the administrator alleges
that the price obtained by him for such
leasehold and greenhouse stock was 81
TAO and that said sum is now on deposit
with his own funds in the First National
Rank of Hawaii, the reason for his not
hating reported the sale being that six
months have not elapsed since the be-
ginning of his Enthusiastically. and
that he has not therefore yet filed his
accounts: he alleges that a the proper
time he viii make report of all his pro-
eeedings as required by law, and that
he has at all times acted in a conserva-
tive. honest and faithful manner, and as
prudent and cautious administrator
| ought to. do He prays that the petition
eff petitioner be dismissed and that the
petitioner be ordered to pay the costs OF
the proceedings and respondents coun-
sci fees, most wrongfully expended
SUPREME COURT.
Notice has been issued that the Su-
~ IA rNduASt of sew