The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-03-02

on that day.
A N Kepoikai says he is familiar with
all the lands owned and controlled by
the Wailuku Sugar Company and also
with those of the Hawaiian Commercial
and Sugar Company, and assisted John
Richardson, agent of Claus Spreckels,
when Spreckels was the owner of the
ahupuaa of Wailuku. in collecting rents
for the several pieces and parcels of
land then owned by Spreckels. The opu-
nui land is fenced on the river side, and
that between the fence and the wailuku
river is a considerable strip of land own
ed and controlled by the said Hawaiian
Commercial and Sugar Company, and
the ground on which the tunnel Is pro-
posed to be extended in no way touches
upon or encroaches upon the Opunui
land
TO FACE FRAUD CHARGE
A. r. Phillips has brought suit in the
Circuit Court against NJ. G. Silva and
]. NJ. Vivas, the real estate dealers.
charging them with fraud and false rep
reservations in real estate transaction
wherein Silva & Vivas were the plain
tiff's agents.
The plaintiff alleges that he is the
owner of life estate in and to a piece
of land at Puunui, Honolulu. On Febru-
airy II, 1901, he states he entered into
an agreement with the defendants
whereby he promised and agreed to sell
to the defendants the land, upon the
payment to him of the sum of $4,000
THAT thereafter on February IS, 1901,
the said defendants promised and agreed
to procure for your petitioner a loan OF
$1,000 upon his interest in said premises,
and thereupon by false and fraudulent
representations and with intent and de-
sign to defraud your petitioner, procur-
ed the execution of deed of said prem
ises, by your petitioner to said defend
ants without sufficient or any considera-
ton, and by falsely and fraudulently rep
reSenting to your petitioner that said
deed was for the purpose of securing
said loan.
That said defendants have not paid
to your petitioner or any other person
on his behalf the said sum of $1,000 or
any part thereof, although your petit
toner has frequently demanded the
same, but said defendants state that
they are unable to negotiate said loan.
That your petitioners interest in said
property is of the value of $4,000 That
your petitioner has demanded a recon-
veyance of said property the same, and
petitioner fears that said defendants
might sell, mortgage or lease said prem
! ises TO petitioners great injury, where
fore, your petitioner prays for judg-
ment against the defendants cancelling
and setting aside said deed, and for an
injunction restraining the defendants
from disposing of the land. and that
they be forever barred from all claims to
any estate or interest in said property"
| REPORT ON JOHN WOOD AC-
COUNTS.
P. D. KelIett, Jr., clerk of the Cir
cult Court filed yesterday a report on
the seventh annual accounts of Henry
Waterhouse and Antonio Perry, trustees
under the will of John H Wood, de-
ceased, filed February 20, 1901. On ex-
aiming the original records, he: found
that on October u, 1900, the court did
upon motion and request of the trustees
for the ruling instruction and order of
the Court as to whether or not the leg
acies mentioned in decedent's wfll-"Five
! hundred dollars to- each of my grand
sons, John A. w. Dixon and George
Douglas, payable on their twenty-fifth
birthdays; $500 to each of my grand
daughters, Nolaulua NJ. Jones and Maud
Jones. payable on their twenty-fifth
birthdays"-or any of them, bear in
terest on said stated amounts prior to
! the date when the legatees respectively
reach their twenty-fifth birthdays; order
and decree that the four legacies or any
of them did not bear interest prior TO
the time when they respectively became
payable under the will; and the payment
heretofore, by the trustees of the income,
of all the principal of said estate, one
third to Flora Jones, one-third to Stella
May Dixon and one-third in equal shares
to the four grandchildren, duly approx
ed; and further authorized and directed
said trustees to pay to the persons and
in the proportions above stated, the net
income of all of the principal of said es-
tate, excepting only the net income of
the legacy to John Dixon of $500 since
the date of his twenty-fifth birthday in
case in shall appear that he has already
passed his twenty-fifth birthday.
The Court further ordered that the
trustees, after reserving the amounts of
the four legacies above named to the
grandchildren, and after payment of all
expenses of administration of the trust,
do pay to Flora Jones, daughter of the
testaor, one-third of the principal to
Stella May Dixon, if she was living on
September Is. 1890.
The trustees filed their seventh an
nual accounts on February 20, 1901,
charging themselves with s14.44S.5S. and
ask to be allowed the sum of s14.297.97,
leaving a balance of $685. as principal,
and s94. as income. In computing the
actual amount of commissions due the
trustees, he finds an overcharge OF
S2S9.99 of commissions upon the princi-
pal finally paid. The Court approved the
accounts.
ELIZABETH BINGHAM'S ESTATE.
In the matter of the estate of Eliza
beth K. Bingham deceased Hiram Bing-
ham and Lydia b. Coan, the executor
and executrix, respectively, yesterday
filed an inventory of the decedent's es-
tate, as follows:
Moneys which have come into the
hands of the executor, s153; real estate,
none; personal estate. $411; stocks-Waia-
lua Agricultural Company, S265; People
Ice Company, $500; New Haven Savings
Bank. s33.70; Peoples Ice Company fvi-
dends s21; w. r. Castle, s1.61710; Bish-
op and Company Savings Bank. s15S.0l
Postal Savings Bank, s519S0; Postal Saw
ings Bank loan, s515; Realty Syndicate,
$412; Evanston Carrot Biblical Institute,
81 352. 80; making a total of s5,75S5O.
SPECIAL TERM ORDERED.
The First Circuit Judge, with the ap-
prevail of Chief Justice Frear yesterday
issued the following order for a special
term:
"Deeming it essential to the promo
ton of justice, 1 do order that a special
term of the Circuit Court of the First
Circuit be held in the judiciary build
ing in Honolulu, commencing Tuesday,
March 10, 1901, at 10 O'Clock in the fore
noon of said day and continuing for
the period provided by law
COURT NOTES.
John S. McGrew, by his attorneys, has
filed a motion for order declaring plain
tiff in default in the suit Of Frank
Schaefer vs. j. S. McGrew, and au-
thorizing judgment to be entered for the
defendant on the pleadings and for