The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-03-13
RIGHTS OF MINORS
JUDIcIlllI UPHELD
JUDGE HUMPHREYS REFUSES
THE PETITION OF A GUAR
DIAN TO CONVEY LAND.
Whii- the Equitable Title May Not
Vest in the Minors the Court Re
fuses to Take Jurisdiction to
Transfer Their Claim.

Below is the full text of a decision
fled by Judge Humphreys YESTERDAY.
II is of vital concern to minors or
other wards of the law and hence
of interest to all Who take 10 heart
the welfare of any who are liable to
oppression or wrong:
In the Circuit Court of the First
Judicial Circuit Island of Oahu Ter
ritory of Hawaii AT Chambers. In
the matter of the guardianship of Mia
kahookano ct al, minors Petition Of
guardian for authority to convey GER
tain real property
Deeision.
This is a petition filed by the Ha-
waiian Trust and Investment Com
pany as guardian of the above-named
minors, setting forth in substance that
the father of said minors, j. K Ka-
hookano. was seized and possessed at
the time of his decease of certain real
estate in the petl,ion described: that
said real estate was conveyed to said
]. K. Kahookano by deeds of Hoopii
and Haaheo, dated May 10, 1899, and
May Is, 1899, respectively, and in
each of said deeds the grantee-Ka-
hookano-is described as trustee"
but the nature, character. if any there
be, is not set forth; that the "peti-
toner fully believes from the repre-
sensations of the Honolulu Planta-
ton Company" that said Kahookano
held no beneficial interest in the afore-
said real property at the time of his
death. but that all the equitable title
thereto resided and now resides in
Honolulu Plantation Company, for
eign corporation" that petitioner be.
lieves that the Honolulu Plantation
Company advanced all the money
used by the said Kahookano. deceas-
ed, in purchasing said real estate and
that he took title thereto as trustee,
temporarily. in order not to prejudice
the interests of said company in other
contemplated purchases of peighbor-
ing land; that the legal title to said
property is in the above-named mi
nors as heirs-at-law of said Kahooka-
no. The petition further alleges that
the Honolulu Plantation Company
has filed its bill of complaint against
the petitioner as guardian and its
wards above mentioned for the pur-
pose of having them declared naked
trustees of the aforementioned real
property for the use and benefit of
the said company and for the purpose
of having the same conveyed to it in
accordance with such trust: that the
estate of the minors is small and that
they are solely dependent thereon
for their support and education and
that the petitioner desires to proceed
with as little expense to them, in ref
ence to the said matter and the said
suit, as possible. Petitioner then
prays that if the court comes to the
same belief as it entertains. that the
said minors be declared trustees of
said property for the use and benefit
Of the Honolulu Plantation Company
and that petitioner, as guardian, be
to execute a conveyance
Of the same to the said company in
fee simple.
When the petition was read I ex-
pressed doubt as to my authority, in
a proceeding of this character. to
grant the relief prayed. but stated
that evidence which the petitioner
proposed to offer might be received |
and that the entire matter would be |
aiken under advisement.
Counsel for petitioner then offered |
certain documentary evidence. which |
aiken either separately or altogether |
strongly tends to show that Kahoo- |
sano never at any time acquired any
interest in the property |
mentioned and that he was selected |!