The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-29
DIVIDES
HIS ESTATE
Love Spendthrift
Trust Is
Ended.
DEFECT IN NEW
| HABEAS CORPUS
Motion to Instruct OverruIed il
Magoon Case Frank Pahia
| Again in Court.

After an entire day spent In hearing
arguments on a motion to instruct for
the defendants in the case of Harrison
VS.. Magoon, Judge Gear yesterday aft
|ernoon overruled the motion, and the
case may go to the jury this afternoon.
The court held that the evidence was
sufficient to be CONSIDERED by the jury,
and after the arguments today the
case will be submitted On its merits.
LOVE DIVIDES UP ESTATE.
An order was made by Judge Gear
yesterday morning terminating the
discharging j. Alfred Magoon as such
guardian. An order was made requir-
ing Mr.. Magoon to turn over to Lo re
all the property of the trust as soon
as he is 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 it's creation in the first
place." said the court in terminating
Tic IIuSt MI. Love uOSS uOl COuiS
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 a
trust deed with the recorder, by which
Mrs. Hart is to get one-half of his es-
tate at his death, the son in Japan to
receive the remaining half.
The disposition of his property is
made voluntarily and without agree
ment or compromise 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
fee of which he presented to them
years before being adjudged a spend
thrift. This life estate is estimated to
be of the value of $4,000 He conveyed
to Mrs Annie Roe in recompensation
of her faithful service for seven years,
and his friendship and regard for her,
the Emma street property, valued at
about SO, 000 The remainder of his prop
erty, valued at about $4,000, he conveys
to George A. Davis as 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. OF the proceeds of the
s12. 900 mortgage, $4,000 will go to set
tie Magoon's claims, $4,000 will be re-
tanned by Mr.. Love, and $4,000 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 Chida was first called and
Deputy Attorney General Cathcart filed
a motion to quash, arguing then that
the petition was defective, in that it
failed to particularize for whom 1t 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
Friday morning to file the amended pa
per, at which time the case is to be ar
gued