The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-29
CARTER ASKS
FOR ADVICE
Trustee OF Carter
Estate is in a
QuaneIary.
WIDOW WANTS
TRUST ENDED
His Resignation Called for hut
Same Was Refused Because
of Uncertainties.

A bill for advice and instruction to
the trustee, was filed in the Circuit
Court yesterday by J. o. Carter, trus-
tee of the estate of H. A. Carter, de-
ceased, in an action against Sybil A.
Carter, George r. Carter, Francis I.
Crehore formerly Carter, Agnes c.
Gait fomerly Carter, Cordelia j.
Carter, Mary II. S. Davis formerly
Mary H. S. Carter), Henry A. P. Car
ter, a minor, and Grace S. Carter,
minor.
The trustee in his complaint sets
forth the following facts:
That on March 8, 1897, by deed
recorded in the register office IN Ho
nolulu, certain premises described
therein were conveyed TO plaintiff in
trust for certain purposes therein set
forth. That said defendant, Sybil a.
Carter, is the Sybil Augusta Carter re-
ferred 10 in the deed, and resides in
Honolulu At the time of the eXecu-
ton of said deed Sybil a. Carter and
H A P Carter had the following
children. namely; Charles L. Carter,
and defendants, George r. Carter,
Frances l. Crehore Formerly Carter,
Agnes c. Gait formerly Carter), and
Cordelia S. Carter, the latter being
the youngest child, and that since then
said Sybil A Carter and H A. p.
Carter have had no children.
II. A p. Carter died on November
1, 1891; George r. Carter, Agnes c..
Gait and Cordelia ]. Carter reside in
Honolulu: Frances I. Crehore is a resi-
dent of Boston. Charles R. Carter
died in Honolulu on January Z, 1895,
leaving surviving him, Mary H S.
Garter, his widow, now Mary H. S.
Davis, and Henry A. P. Carter, his
son, a minor, and Grace S. Carter, his
daughter, a minor. and-that those now
all reside in Albany, New York.
By the last will and testament of
probate in the First Circuit Court on
February 49, 1885, said Mary H. S Da-
Wis became entitled to all the property
of said Charles L. Carter. real and
personal, by reason of being the sole
| devisee and legatee of said Charles l..
Carter, under said will. George r.
Carter is the guardian of the property
of the minor children Of his deceased
brother while Mary H. S. Davis is
guardian of their persons. Cordelia
Garter reached the age of twenty years
on May II, 1896.
The trustee states that on Septem-
Der 1, 1899, Sybil A. Carter, in writing,
requested him to resign said trusts in
favor of j. r. Gait. and Cordelia J..
Carter, Frances S. Crehore, George r.
Carter and Agnes c. Calf. by letters
dated respectively, August Is, 1899;
August 10, 1899, and August 81, 1893,
joined in such request, but j. o. Car
ter the trustee, refused to resign as
requested.
Again, on September rs, 1899, Sybil A.
Carter, in writing, requested the trus-
tee to convey said premises so held
by him in trust to said George r.
Carter, for $4,000, but he refused to
comply.
j. O. Carter states he refused to re-
sign because he is and was uncertain
whether, according to the terms Of sa d
trust deed he should resign pursuant
to such request as aforesaid, and
therefore he asks the advice and in
structionS of the First Circuit judge
in the matter.
He adds further that he refused to
convey said property because he is and
was uncertain whether he had or has
any right, and was and is authorized
by said deed of trust to convey the
property in accordance with Sybil A.
Carriers request.
He is also uncertain whether the
trusts upon which the plaintiffs held
said property terminated upon the be-
coming of the age of twenty years
| of Cordelia j. Carter, and that it then
became his duty under the provisions
| of said trust deed to convey said prop
erty to the persons designed therein,
subject to a life interest of Sybil A.
| Carter.
! The trustee further states that If the
| court is of the opinion that the trusts
upon which the plaintiff held said
property did terminate upon the be-
coming of the age of twenty years of
! Cordelia J. Carter, and that it then
became, his duty to convey the prop
erty involved, he is uncertain whether
such conveyance should be made to
| include all or any of the said deren-
dants, Mary H. S. Davis, Henry A. P.
Carter and Grace S. Carter, respective
ly, widow and children of said Charles
L. Carter, deceased.
The trustee asks that the defendants
be summoned to appear and answer
his bill of complaint, that he may be
advised as to the questions PROFOUND
ed, and that the defendants be ordered
to pay all costs and expenses of the
action