The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-05-14
THOMAS FITCH FILES A PAPER
ON BEHALF or The MINORS He
CONTESTS THE CLAIM
OF MRS. DAVIS.
John NJ. Vivas in Litigation to Break
Up Psrtnership-closins Up Ka-
hOokano and meInnis Estates
Judge Edins's Work.

The jury drawn before Judge Hum
phreys on Friday, as previously re-
ported, tried Thomas w Hebron VS..
Charles l. Helm yesterday morning
and found verdict for the defendant
It was an assumpsit suit for $1,000
paid By Hebron 10 Helm to 1T him
out for gold-mining in the Klondike,
under an agreement whereby Helm
should pay Hebron one-half of the
profits
NJ NJ. kohn VS.. L. H Dee, assump-
sit. was the next case placed on trial.
Andrews, Peters & Andrade for plain
tiff: Magoon & Thompson for defend
ant. After the jury had retired to con-
slider their verdict it was discovered
that the court had no jurisdiction
1t was an appeal of plaintiff from the
Honolulu District Court. where an
offset of Dee being allowed TO Kohn's
claim judgment was entered for de-
PENDANT for balance of 1927 or so.
In drawing his bond on appeal Kohn
made it $50 instead OF $500, which
destroyed the perfection of the appeal
with the foregoing result. The case
was dismissed, leaving the Judgment
of the court below to stand The jury
consisted of Edward C. Holstein,
Walter NJ. Pomroy, VIM. E. Sharp,
Horatio G. Crabbe, Saml. L. Kekuma-
no, Robert K. Pahau, Ernest A. R.
Ross, Edward E. Mossman, Herman
Meek. Louis H. Miranda, VIM. B.
Jones and VIM. H. McInerny.
David Dayton, temporary admins
traitor, files an inventory of the estate
of the late George McInnis. His per
sonaI effects and money left here
amount to S74. California securities
ton of something like s2170.
David Dayton, guardian of the es-
tate of A. A. Doiron, deceased, petit
tons for discharge with approval of
his final accounts. These show re-
ceipts of s7OO,67 and payment of
s55S.s0. leaving a balance of S141.S7.
The Hawaiian Trust and Investment
Co. petitions to be discharged from
the guardianship of the Kahookano
minors. The receipts were s1302.10
with payments of S147.S5s leaving
S115425 balance There are FIVE chill
dren among whom this amount is ap-
portioned in separate credit balances.
They have also equal interest in
School street property valued at
$500 and in various small parcels of
land situate on Hawaii, Maui and
Oahu, value unknown and subject TO
widows right of dover.
John NJ. Vivas has entered suit
for dissolution of partnership and ac-
counting against M. Gusmao Silva
and, on an order to show cause, files
q bond in $500, with J. d. Marques
and ]. S. Marques, Jr., as sureties.
In the action to quiet title of S. H
Kalamazoo vs. H Wharton ct al, the
widow and Administrative of plaintiff
by her attorney, S. K. Kane, moved
that she be substituted as plaintiff
The motion was denied by Judge
Humphreys yesterday.
Judge Humphreys has made an or
der to show cause on the petition OF
Samuel E. Woolley of Laie. admins
traitor of the estate of Makanoe, de
ceased, for leave to sell real estate
In the matter of a bill in equity fol
advice and instructions to trustee, o.
j. o. Carter, trustee, VS.. Sybil a Car
ter and others, an answer of the mi
nors, H. A. P. and Grace S. Carter
is fled by their guardian ad litem
Thomas Fitch. Several allegations il
the bill are admitted and issues arr
raised or met in the following para
graphs:
They deny that by the last viii
and testament OF Charles L Garter
Mary H. S. Davis became entitled Il
all the property of said Charles L
Carter real or personal. or whereso
ever situate. and deny that said Char
les L. Carter ever had any interes
in said property except such as ex
pensed with his death, and deny tina
Mary H S. Davis ever had, or nov
has any interest whatever in tbs
property described in plaintiffs bill
on file herein
These defendants aver that tbs
trusts upon which plaintiff held ant
holds the property described in hi
bill on file herein, terminated upoi
I the becoming of the age of twentl
years of Cordelia ]. Carter, and tina
1t then became his duty under tbs
provisions of said trust deed to con
vey said property (subiect 10 lif.
interest in Sybil A. CARTER as fol
lows: to George R. Carter, Frances
Crehore, Agnes c. Gait and Cordeli;
]. Carter each an undivided one-fiftl
thereof and to this defendant Henr,
A. P. Carter an undivided one-tentl
thereof. and 10 this defendant Gracs
S Carter an undivided oue-tenti
thereof.
These defendants aver that tn.
nature OF the property and Of IN,
trust Of which plaintiff is such srus
tee are such that for due perform
ance OF the same 1t is for the interes
OF all parties that the property shall
be sold and the proceeds divided ans
the trust terminated.
The answer closes with q prayel
for the sale of the property in cues
ton at an upset price OF $4,000 ans
under the approval OF the court
Mary II. s. Davis. whose claim il
denied By the guardian. was widow