The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-12-04
WANTS NEW
GUARDIAN
w. Hall Asks That
J.F.CoIburn Be
Appointed.
APPEAL IN CASE
IS DISMISSED
Spendthrift Tries Another Way to
Gust 6. z. Carter as His
Guardian.


tempt to break away from the spend
thrift trust guardianship of George r
Carter. Yesterday his attorney with
drew the appeal. to the Supreme Court
and filed new petition asking for the
removal of Carter and the appointment
of John F. Colburn in his place.
The appeal was from the decision of
Judge Humphreys denying the petition
formerly filed to terminate the spend
! thrift trust 1t was intended to test
the constitutionality of the law but this
is abandoned in the new suit filed yes
terday
In the petition filed in behalf of Hail
| ii is alleged.
That since the appointment of said
| George Carter as such guardian, said
guardian said he would allow the sum
of ten dollars a week for the support
and maintenance of petitioner, but since
said appointment he has only received
! the sum of $3.50. which said sum is
wholly insufficient for the purpose of
supporting and maintaining said petit
toner.
That the said George r. Carter since
his appointment on the 18th day of
August has not ascertained the amount
of your petitioners indebtedness, nor
made any effort TO increase the income
of petitioners estate that the value of
said estate is $40, 900 and under proper
care and management should yield an
income of $4,000 per annum, which said
sum would enable your petitioner TO
live comfortably and as his station and
the value of his estate warrants.
THAT your petitioner is a single and
unmarried man and has no person de-
pending upon his support. and humbly
represents that he is entitled to receive
the net income from all his property.
THAT your petitioner now desires 10
have the said George r. Carter file his
accounts and prays that John F. COL
burn or some other suitable person be
appointed in his place.
That your petitioner since the said
appointment has not drunk any intoxi-
eating liquors excessively. nor does
your petitioner spend his time in idle
ness. gaming or debauchery. nor does
he spend or waste his income, nor win
he waste or lessen his estate so as to
expose himself TO want or suffering. and
your petitioner alleges that the said
George r. Carter is not his friend. or
in any way related to him. and the re-
lations between him and the said
George r. Carter are strained and of
such character as to render il i'm
possible for your petitioner to continue
In, al xx-it n
the said George r. Carter. and your pc
further alleges and so charges
that no reason exists at the present
time why the said George Il. Carter
should be continued as guardian.
THAT your petitioner is of the fun
age Of twenty-one years, has a knowl- ,
edge of the value of his real estate. and
has formed ideas. and is able To make
suggestions as to the best means to be
adopted to increase its value by which /
it would yield an income upon which |
your petitioner could live comfortably. |
That Margaret Telbehr who filed the
petition 10 have said guardian appoint
ed is the aunt Of your petitioner, but !
has no further claim upon your petit |
toner is not interested in his estate |
ror is she the confidential friend and |
adviser of your petitioner. The said /
Margaret Felbehr is not a person of /
and means, and has no imam |
cial standing in the community nor IS |
she an expert in business and would |
not be competent To manage. care for
and control the property of others. The
petitioner herein. hereby Graves leave to
refer to the record proceedings in pro-
bate relative t. the appointment of the
said George r. Garter. and To Introduce
he same in evidence on the hearing of
his petition.
Your petitioner therefore prays that
Ipon the hearing, your Honor will de-
.lare and decree that George II. Car
er be discharged as guardian and that
ne shall file his account forthwith in
curt. and that John +. Colburn be ap-
pointed in his stead"