The Hawaiian gazette., 1901-01-08
Insurance Co. Asks a
Reargument.
NEWS OF TIE COURTS
"OId Man" Silva Whose Wine was
Poison Left an Estate of
$1,000.
THE CASE of Arthur Merricourt
itn

Phoenix like. it rises upon its asheS'
kinney. Ballou & McClanahan attor-
news for the defendant company. yes
terday filed with the supreme Court
motion for a re-argument. This is ask
ed for on the ground that question
decisive of the right of the defendant
to a new trial was duly submitted TO
the court by counsel and that the
court in it's consideration of the case
and in it's decision filed on December
81 1900, overlooked said question.
Defendants counsel in the bill OF eN-
ceptions filed in this cause, assigned as
error the refusal of the trIal judge To
allow proof to be made of the facts In
the matter Some of these are That
the plaintiff, while living in san
Francisco on May 3, 1898, took out an
insurance policy for $1,000 on his house
hold . furniture, and within three
months and four days thereafter NJ
3 o'clock after midnight, from cause
which he states to be unknown 10
him, fire broke out and totally con-
sumed the insured property.
THAT subsequently thereto Arthur
c. Merricourt, in San Francisco, took
out a policy for $4,000 on his household
furniture, and within four months and
twenty seven days thereafter, at three
and a half hours after midnight, from
a cause which he states to have been
a defective fue, fire broke out and to-
tally consumed the insured property.
THAT subsequently, in the city of
Stockton, A. G.. Merricourt took out an
insurance policy of $2S25 on his house
hold furniture, and that within one
month and nine days thereafter, at )
o'clock after midnight, from cause
which he states to have been incendi-
airy, fire broke out and totally consum-
ed the insured property;
That Arthur G.. Merricourt subse-
quently, in the city or San Francisco,
took out an insurance policy of $4,000
on household furniture, etc, and with
in two months and twenty-five days
thereafter, at II o'clock at night from
a cause which he states have been the
explosion of a lamp, fire broke out and
totally consumed the entire property
In the fifty first assignment or error
in defendants bill of exceptions 1t Is
shown that defendant, the motion
states, for the purpose of asking
witness certain hypothetical questions,
offered to prove the facts set out
above, counsel stating that the offer
to prove was not made at that time for
the purpose of showing fraud. Plain
tiff's objection to this offer as shown
by the bill of exceptions was sustained
by the trial judge.
The defendant says the decision of
the Supreme Court shows clearly that
assignment of error 80 was overlooked,
which is to effect that defendant Of
fered to prove the above statement of
facts, which offer was denied by the
trial judge. The defendant believes
that the admissibility of proof of these
facts, to show fraud were passed upon
by the Supreme Court, but that the
propriety of their admissibility on the
question of their materIality as facts,
lpfpn61nt
decided and was entirely overlooked
by the Supreme Court in its decision.
MANY PROBATE MATTERS
Yesterday was probate day in the
Circuit Court. Many estates were
brought up and disposed of quickly
In the matter of the estate of Jas.
j. Stewart, the court fixed the allow
ance of Whiting * Robinson, attor-
neys for the estate, at $50.
In the estate of NJ. de Medeiros, de-
ceased, Mary Medeiros. the widow, was
appointed administrator under 500
bond. The court requested an inVen-
tory should be filed within ten days.
and notice to creditors be given in n
daily newspaper once week for four
weeks.
The court appointed NJ. G. Silva ad-
ministrator of the estate of John de
Costa, deceased, under $4,000 bond.
An inventory must be filed in fifteen
days, and a notice to creditors pub
lished
w. C. Parke has been appointed adj
ministrator of the estate or Catharlne
=. Aud, deceased, under a bond OF
$500. He must file an inventory in
thirty days, and give public notice to
creditors. The decedent died on Oc-
tober Z, 1900. Her estate is valued at
$l,100, and she has a life interest in
the estate of j. l.. Lewis, valued at
about $4,000.
"Old Man Silva" as he was known
nearly two months ago, when the city
was stirred by the news of the sudden
death of three Portuguese from drink
ing his wine while he lay dead, left
an estate estimated to be worth about
$1,000. j. A. M. Osorio was yesterday
appointed administrator under a 5000
bond. An inventory is to be filed in
the next ten days.
The circuit judge approved the &C
counts and masters report in the
matter of the guardianship of the per-
son and estates of Edwin Austin Jones
ct al, minors.
p Danson Kellett was appointed
master in the matter or the estate of
the seventh annual accounts. A petit
ton for the appointment of II. Sing
Fook, as guardian of the minors has
been fled
In the matter of the Charles r.
Bishop trust, the circuit judge yester-
day approved five of the annual ac-
counts, and the masters reports there
on were confirmed. In the second ac-
count the trustees are surcharged with
s9.42 overcharged commissions.
COURT NOTES.
An inventory OF the estate OF Kali
lua Plkai (w.), deceased. has been filed
in the Circuit Court, by Keau (k).
administrator giving the total amount
OF real esate holdings at 1915
Willis It. Knowlton, attorney in fact
for John Alexander Ramos, Manuel
Ramos and Frank Gomez. has filed In
the Circuit Court receipt for 81 O62. 65.
as the amount due from j. A. Magoon
TO them as heirs OF their uncle. Jose
Comes, deceased. The heirs reside In