The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1901-08-30
COURT NOTES.


arguments on a motion to instruct .or
the defendants in the case of Harrison
VS.. Magoon. Judge Gear yesterday aft
erpoon oyerruled the motion. and the
case may go Is The Jury this aftarnt4tnl
The court held that, the evidence wts
sufficient to be consi irrsi Ivy the ju,v,
and after the arguments today the
case will be submitted IN ito merits.
O. LOVE DIVIDES TIP ESTATE.
An order was made by Judge Gear
yesterday morning terminating the
guardianship trust OF James Love. and
discharging J. Alfred Magoon as such
guardian. An order was made reuuir-
Ing Mr.. Magoon to turn over to Lc &c
all the property of the trust as soon
as ne IL paid whatever sum Is coming
TO him from Love.
There is no reason why this spend
thrift trust should exist; there was no
reason for its creation In the first
place." said the court in terminating
the trust. MIR, Love does not Tome
within the statute and never did, and
he should be discharged and will be
discharged"
Following the discharge of Love from
guardianship yesterday the old man.
who has been having such a hard time
all on account of his daughter. filed
trust deed with the recorder, by which
Mrs. Hart Is 10 get one-half OF his es
tate p; ria death. the son In japan to
receive the remaining half.
The disposition Of his property Is
made voluntarily and without agree
ment or compron,'se With anybody. and
according to the terms OF the instru-
ment filed yesterday his estate Is to be
disposed of as follows: Love conveyed
to Mrs. Hart and her brother the life
estate In the King street residence. the
fee OF which ne presented to them
years before being adjudged a spend
thrift. This life estate In estimated to
be Of the value of $4,000. He conveyed
to Mrs. Annie Roe In rscompensation
OF her faithful service for seven years.
and his friendship and regard for her
the Emma street property. valued at
.ahout 80. 600 The remainder OF his prop
erty. valued at about $4,000. he conveys
TO George A. Davis az trustee. A por-
ton OF this to be sold by the trustee
and after paying a $4,000 mortgage
thereon, the balance Is to be invested
| in mortgage loans; the interest, as well
as rents on unsold property. to be paid
to Mr.. Love during his lifetime, and at
his death to be conveyed one-half to
Mrs Hart and one-half to Mr.. Loves
son in Japan. or the proceeds of the
t12 900 mortgage. $1,000 will go to set
tie Magoons claims. $1,000 will be re-
tanned by Mr.. Love. and $1,000 will be
devoted to the payment of counsel fees.
THE HABEAS CORPUS CASES.
The Territory won a temporary vic
tory yesterday in the Circuit Court in
the two new habeas corpus cases. The
case OF Chda was first called and
| Deputy Attorney General Cathcart filed
a motion to quash, arguing then that
! the petition was defective, in that II
failed to particularize for whom It was
wanted, did not state who he is being
held by, and did not say upon what or
der he was discharged. Mr.. Cathcart
argued further that the order of the
court and the proceedings by which
| the first WRIT of habeas corpus was
granted should have been made part
| of the petition, The court sustained
this part of the argument, but refused
to quash the writ, and advised the at
torneys for the defendants to amend
their petitions. They are given until
I Friday morning to file the amended pa
per, at which time the case is to be ar
gued.