The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-22

and for the account of the heirs, amount
ing to $6o. 25," and other items, including
administrators commission Of $243. 40.
making a total of s311.20, for which no
vouchers are filed. The master, in a
foot 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 Is, 1887, but I
cannot find that any notice to creditors
was published and no bill for printing
such appears among the vouchers of
Schedule B of these accounts"
PLAINTIFFS CLAIM is STALE.
Mary II. Atcherly, Alice K. Spencer,
Rebecca Kinimaka and M. Percival XII
nlmaka, the two last being minors. have
filed demurrer to the amended bill of
the kapiolani Estate, Limited. in the
suit brought by the corporation. The
defendants allege that the plaintiff does
not state cause of action which ought
10 entitle 1T to any such discovery or re-
lief as is sought and prayed for. Plain
tin's claim is stale and its remedy is
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. ]. Rodriques Domiao
de Medeiros, Emma NJ Nakuina, John
Wright, Lydia Rowland Wright, w. o.
Smith, David Dayton, Freda Klemme,
j. S. Emerson and Thos. MetcaIf. Fran
cisco Jose 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 Antonio dos
Santos and zee Chew Fan, according TO
i've relatives, are dead. The suit is
brought to quiet title to property at Ka-
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 vacate
premises 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 use, occupation and detention
thereof by the defendant Kwong Now
claims by way of damages the sum OF
$, 800.
COURT NOTES
Arguments, claims, counter claims and
counts galore have figured in the set
cement of the estate of j. Lazarus Yes
terday the Supreme Court made an oral
order under which ]. S. Walker, the adj
ministrator, is to pay over to the lega-
tees the sum of $S04, the balance remain
ing in his hands Walker made counter
claims against certain of the legatees,
and Walker is ordered to recover such
from the portions belonging to
the said legatees. less interest.
NJ. a. Gonsalves was yesterday APP
pointed administrator under $500 bond of
the estate of A. C. Pestana.
Plaintiff in the assumpsit action Of
Tong Chong Chan VS.. New Zealand In
surance Company, foreign corporation,
has filed a joinder in demurrer.
The following cases were heard before
the First Circuit Judge yesterday in
chambers: Estate Joseph Lazarus. es-
tate F. F. Madeira, guardianship David
Manuel. in RS B. P. Bishop Museum trust,
estate A. c. Pestana, estate John Phil
fps, guardianship Kan zee, minor, es-
tate Robert Gustave Rabe, motion; proof
Of will, continued to February 1 appoint
ment of guardian. January %; masters
report, January %; petition for admins
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.
administrators of the estate of John Phil
lips.
This morning at 10 o'clock the guardian
ship matter of Kealohaokalani, a minor.
will be heard. and the case of Keawe VS..
See Hop, at 2 p. m.
Defendant Robert Cation, by his attor-
neys, Holmes & Stanley. and Kinney
Ballou & McClanahan has filed a mo-
ton in the case of George w. Macfar-
lane VS.. Robert Cation, that VIM. Lish-
nan, the signer and affiant Of the bill
of complaint as agent Of the plaintiff
Macfarlane, be required TO produce be-
fore the court his authority as such
agent to institute these proceedings ant
to make jural to said bill of complaint
ION 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 upor
stipulation of the Judge and attorneys
One OF the principal cases VIII be that Of
the Hawaiian Commercial & Sugar Co
water rights and the lease to the Wailu
ku Sugar Company, which has just ex
pired. The case involves over 100000.
UNITED STATES COURT.
w. B. Copsons, a native Of England
was admitted to citizenship yesterday.
Bond in the brigantine Consuelo case
was filed yesterday in the United State:
Circuit Court by E. A. Frazier, repre-.
sentative of the vessel The bond is fol
$1,000 for release of the vessel and s5U
for costs. Robertson & Wilder, attor
neys for libeIlee.
Judge Estee adjourned his court yes
terday until February. He leaves fol
Hilo today with the members of the
United States District Court to hold q
session there.