The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-19

10 LhuilildflouS, ana because there Is
no ofter on the part of piaintifT to do
equity TO wit, to repay the defendant
the amount of So, $50 alleged to have
been paid by him for the property on
Queen street
PROBATE.
Mrs. Ethel Hutchings, mother of Al
Ice dutchlngs, James Herbert Hutch
ings, Mabel Hutchings, Ether Minnie
Hutehings, George Edward Hutchings
and Edith Gladys Hutch1ngs. the mi
nor heirs of the deceased father. yes
terday applied to the court for an or
der appointing her guardian of the
persons and property of said minors
CRAP PLAYER DISCHARGED.
F. D. Haskell, who was found g,,iltv
by the District Court of violating sec
ton S91 of the Penal Laws In TWO dir-
ferent cases by playing craps with
boys at Punahou and at the Pacific
Mail dock, at which games money was
lost and won; at the time of being
found guilty and fined s25 and costs
IN each case by said court the defen-
dant noted an appeal from both judg-
ments; In accordance with such ap-
peal the cases came up yesterday be-
fore the First Circuit Court. NoIle
prosequi was entered in both cases.
and the defendant discharged The de-
Ienaant is now serving two-year
sentence in prison for stealing two
cigars.
CARTER HEIRS CASE
In the case of ]. o. Carter, trustee.
vs.. Sybll A. Carter ct al, for bill for
advice and instructions, answer was
yesterday filed by defendants, Sybil A.
Carter, George r. Carter, Frances I.
Crehore, Agnes c. Gait and Cordelfa
j. Carter.
The answer is one of general admis-
sion as to the facts set forth in the
complaint In substance, as to the
plaintiffs trust, request to convey by
Sybil A. Carter plaintiffs rerusaI, etc.
but the defendants deny that they do
claim or have claimed that the re-
quest made to plaintiff to resign said
trusts in favor of j. r. -Galt rendered
1t obligatory or compulsory upon said
pIa1ntlff to resign, or that said request
had any reference to the terms of the
trust and relating to the incapability
or unftness of the trustee or that
Sybil A. Carter ever joined in any
writing under her hand and seal nomi-
mating anyone else to be trustee under
said deed. 1t is further alleged that
the deed was in force at the date of
the said request for conveyance, and
that said trustee was and is authorized
by said trust deed to convey said prop
erty as requested, for which convey
ance the defendants pray the order OF
tn ecourt.
1t is also alleged that PLAINTIFFS trust
upon such property terminated when
Cordelia j. Carter became twenty
years of age, on May II, 1886, and it
then became the duty of plaintiff, as
said trustee, to convey the property
to the persons designated in the deed
of trust. In conclusion, it is alleged
that such conveyance (Which the de-
PENDANTS now pray for) should have
been made to include the heirs and
legal representatives of Charles L. Car
ter, deceased, but the defendants are
uncertain as to whether such convey
ance should be made to include Mary
II. s. Davis, on one hand or H A. z.
Carter and Grace S. Carter, on the
other hand.
GOVERNORS COUNCIL.
There was no meeting of the Execu-
tive Council, on account of the con-
tinued illness of the Governor.