The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-28
MATTERS on FILE
N The COURTS
GEORGE MARkHAM MAKES AN
swER TO THE ALLEGATIONS
OF CUMMINGS.
To Levy On Personal Property Of
Andrew sannister-Equitable AS
suranee Society AppeaIs-Master
Questions Funeral Expenses.

was sent to the police station yester-
day ordering the High Sheriff to levy
on the personal property Of Andrew
Bannister to the extent of $3.50. so,
Judgment with interest in a breach of
promise suit
If the Circuit Court judgment in the
case of Cecil Brown. administrator
against the Equitable Life Assurance
Society of the United States, is not
set on appeal. the assurance society
will have TO pay to the administrator
of the estate of the late d. B. Smith
$27 .5440S. judgment having been en-
tered for $4,000, the amount of the
policy, and interest, computed by the
clerk at $18249S, and the costs Of
plaintiff taxed at $3.50 by Whiting
& Robinson and allowed.
Motion for new trial. and notice.
has been filed by Hatch & SilIiman.
attorneys for the Equitable Life As
surance Society in the above case.
Defendant has filed a bond in the
sum OF $1,000.
In the case in equity of T. B. Cum
mings against George Markham and
John H. Cummings, the answer of de-
PENDANTS has been filed.
George Markham admits the agree
ment OF the 30th day of July, 1901.
and asks leave to refer to the agree
ment when 1t shall be produced to
the Judge who shall hear the suit.
Markham denies that PLAINTIFFS
reason for executing the documents
in the case was set forth in the sec
ond paragraph Of the plaintiffs bill
and denies that he stated to the plain
tiff that Cecil Brown, administrator
Of plaintiffs fathers estate and F.
Wundenberg the guardian of the mi
nor children Of plaintiffs father were
trying to rob plaintiff and his broth
ers and sisters.
Markham says that plaintiff intend
ed TO convey to him valuable rights
in plaintiffs interests In his fathers
estate for valuable consideration
and that the deed conveying the same
was executed by plaintiff freely and
voluntarily. He admits that the deed
conveys to him one-half of the plain
tiff's interest in the, estate Of Clarissa
E Cummings, deceased. He denies
that plaintiff was in any way cheated
or defrauded. He denies that he en-
tered into any agreement with John
H. Cummings or that he had given
John H. Cummings any claim in the
premises conveyed by the said deed.
He denies that John H. Cummings
was in any way connected with the
making and execution Of the agree
ment.
John H Cummings makes a general
denial.
Masters report in re the estate of
Edward, Joseph and John Hamauku.
minors. A. G. Kaulukou. master, states
that the account of William o. Smith,
guardian. shows receipt of $I50s. so.
s1S9a-93 having been paid Out. Ieay-
ing balance due the guardian of
s5S4.1S- This is verified and found
correct
The only expenditure to enquire
into" saws the master SIS that rep
resented by Voucher 9, for funeral ex-
Denses of one Kahananui. It does not
appear in what way this has any place
in the guardians account However
the master Is informed that Kahana-
nui was either the grandfather or
grandunele Of said minors: but the
hills for said funeral expenses we're
incurred not by the guardian but by
one Frank Archer. relative Of the
family. in whose name the bills were
made out Said Frank Archer appears
10 be tenant OF the estate and pre-
sumablv be and the guardian settled
accounts between them bv changing
the CUSTODY OF bills" The master
recommends approval OF the guar
iian's accent which Is found correct
n al respects save the question Of
Kahananuiss funeral expenses.
Motion ioiader in demurrer and an
davit have been fled by George A.
Davis counsel for plaintiff. in the as
snransit case ct John Cook IS. 8. Colt
Hebron. saving that the complaint
and the declaration therein contained
Are good ii substance.
The supplemental account Of John
K PrenderRast. administrator 0f the
estate Of Kahalewai Pearson shows .
halanee OF &lSTeo
Ia the Federal coart the amended
answers Of the Bishop Estate and the
John II Estate IN the Pearl Hnrhor
naval station Land condemnation suits
were fled YESTERDAY Each answer
admits all alterations IN the CON
plslnt OF the Government With the
exception Of sections s and 10.