The Hawaiian gazette., 1901-01-22

OF Schedule A. however. there appears
to he n discrepancy. The item OF Febru-
Bry T. 1867. gives All sing credit for bal-
arce for August -, and on account OF
S, ptomber sl, maklnR si2. but the
mount Is Carried ont VI THE schedule as
sin. making thu schedule 81 abort. . Z.
There are thirteen items for which no
vtuc hers are M, d, all being cash paid 10
and for the account OF the heirs. amount.
itg TO t'525," and other Items including
ndministrnt RS commission OF S2i3.iO,
making n total OF $3il2O, for which no
vouchers are II cd The master. in a
foct note, further says:
"On the will being admitted to pro-
bate and the appointment of the admin
istrator. the Court ordered the admins
traitor to file an inventory Of the estate
and to publish notice to creditors An
inventory was filed June IT, 1887 but I
cannot find that any notice to creditors
was published and no bill for printing
such appears among the vouchers OF
Schedule Il of these accounts"
PLAINTIFFS CLAIM IS STALE.
Mary II. Atcherly, Alice *. Spencer.
Rebecca Kinmaka and NJ. Percival XII
MIN aka the two last being mino 8, have
filed a demurrer to the amended bill OF
the Kapiolani Estate, Limited, in the
suit brought by the corporation. The
not state cause of action which ought
TO entitle IL to any such discovery or re-
ef az is sought and prayed for. Plain
tiff's claim is stale and Its remedy ID
barred by length of time, to wit forty
two years, or more than four times the
period OF the statute OF limitations for
real actions. The defendants therefore
demand the judgment of the court as
to whether they shall be compelled to
make any further answer, and pray to
be hence dismissed with Their reason
able costs.
HONOLULU INVESTMENT SUIT.
Returns on Circuit Court summons in
the action to quiet title brought by the
Honolulu Investment Company against
Helen Rowland were made yesterday.
Summons were served on Helen Row
land, Ching Hung, j. Rodriques, Domiao
de Medeiros EmTa M. Nakuina, John
Wright Lydia Rowland Wr ght w. o..
Smith. David Dayton, Freda Klemmc,
j. s. Emerson and Thos. Metcalf. Fran
cisco Joce and A. j. Faria cannot be
found within the Jurisdiction of the
court. and according to the best infor-
nation to me given, they have departed
for the States. Defendants Anton dos
Santos and zee Chew Fan, according to
the inf rmat.on given by their respect
i've relatives, are dead. The suit is
trCnpnt 10 quiet lltIe 10 property at hd-
waiahao.
WANTS HIS OWN LAND.
Kwong Now of this City has brought
suit against Kiliona, to have process Of
court issue against the latter to vacatc
prem SEES at Punaluu, koolauloa, Oahu.
which are claimed by the plaintiff The
plaintiff says he has enjoyed possession
of the estate for years. and for the I'M
lawful 0CcunatiD1 and dafpntiOp
thereof by the defendant Kwong Now
claims by way of damages the sum OF
$500.
COURT NOTES.
Arguments, ella ms, counter claims and
'ccounts ga.ore have figured in the set
lement of the estate OF j. Lazarus es-
erday the Sup. eme Court made an oral
order under which ]. S. Walker. the ad-
m.nistrator, is to pay over to the lega-
tees the sum of sSO4. the balance remain
ms in his hands. Walker made counter
claims against certain of the legatees.
and Walker is ordered to recover such
amounts fl ON the portions belonging to
the said legatees, less interest.
NJ. A. Gonsalves was yesterday ap-
pointed admin. strator under 500 bond OF
the estate of A. c. Pestana.
Plaintiff in the assumpsit action OF
Tong Chong Chan VS.. New Zealand In
has filed "a jonder in demurrer.
The following cases We're heard before
the First Gil cult Judge yesterday In
chambers: Estate Joseph lazarus es-
tate, f. f. Madeira, guardianship Dav. d
Manuel in re b. p. Bishop Museum trust,
estate a. G. Pestana, estate John Pint
fps. guardianship Kan Yee a minor, es-
tate Robert Gustave Rabe, motion; proof
Of will, continued to February L appoint
ment OF guardian, January rs; masters
report. January Is: petition for admin =
tration, annual accounts of admir-, resig-
nation of guardian. appointment of new
guardian and masters report: probate of
will
Henry Smith is appointed master to
examine the accounts OF Joseph Gilman.
administrator of the estate of John Phil
lips.
This morning at 10 O'Clock the guardian
ship matter of Northumberland, a minor.
viii be heard and the case of Keawe VS..
See Hop, at p. m.
Defendant Robert Cation, by his attor-
neys, Holmes & Stanley, and Kinney,
Pallou q McClanahan has fled n mo-
ton in the case OF George w. Marfar-
lane VS.. Robert Cation, that VIM. Lish-
ran, the signer and dtfiant Of the ill
of complaint as agent of the plaintiff
Macfarlane. be required to produces be-
fore the court his authority as such
agent to institute these proceedings ani
TO make jural TO said bill Of complaint
on behalf of said George W. Macfar-
lane.
Judge Kalua, of the Maui Circuit. will
sit in the EVA courtroom of the Judi
ciary building to hear matters pertain
ing to his circuit. This is done upon
of the Judge and attorneys.
One of the principal cases viii be that of
the Hawaiian Commerce al x Sugar Co.
water rights and the lease to the Wailu-
lu Sugar Company, which has just ex-
PRED. The case involves overt 100000.
UNITED STATES COURT.
w, b. Cousons, a native of England,
was admitted to citizenship yesterday.
Bond In the brigantine Consuelo case
was filed yesterday in the United States
Circuit Court by Il, A. Frazer. repre-
sentative of the vessel. The bond is for
&c 600 for release of the vessel and $500
Tor costs. Robertson & Wilder. attor-
leys for libellee.
Judge Estee adjourned his court yes