The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-04
is CHARGED
WITH FRAUD
Attorney J. A. Magoon
Is Accused.
FOUR DAUGHTERS SUE
--'rN--@---------~---'-
Say He Deceived Their Mother Into
Signing Deed to Land
on Maui.

cuse him of obtaining by fraudulent
representation a piece of land. Ma
COON, nine years ago, was made adj
ministrator of the estate of Alma, a
Chinese merchant of Honolulu, the
! father of two of the plaintiffs, Aleka
Alma and All Su Alma, and the hus-
band of Meleama, a native. MeIeama
had also two, other daughters, Nellie
Pohaku and Loke Pohaku, by a Ha-
waiian husband.
| When Alma died Magoon was made
administrator of his estate, and held
! the confidence of Meleama till her
! death. During nine years, it is said,
| he made no accounting of his trust.
The children allege he induced their
mother to deed land on Maui for $40 to
him which is now worth $3.50, and that
the deed was obtained through Mele-
ama's being deceived and deluded by
Magoon. The children want the deed
made void by the court and demand a
quit claim deed for Magoon. W. w.
Thayer is attorney for the plaintiffs
Attorney Magoon asked the privilege
in the Advertiser with the above, which
privilege was freely granted. Up to the
hour of going to press Mr.. Magoon's
statement had not been received
In full, the petition in the suit is as
follows:
First-That your petitioners Nellie Po-
haiku and Loke Pohaku, are residents of
Honolulu, Island of Oahu, Territory of
low ,t,1 l.
Miliama, alias Meleama. a Hawaiian
woman, and one Pohaku Aikulani, a Ha-
waiian man, the latter of whom died in
Honolulu, in the year -.
Second-That your petitioners, Aleka
Alma and All Su Alma are residents of
Honolulu, Island of Oahu, Territory of
Hawaii, and are the daughters of the
aforementioned Meleama and one Alma,
a Chinese merchant of Honolulu. who
died in the City of Honolulu on October
23d, A d. 1856.
Third-That the said Meleama died in
testate in the City of Honolulu the
day of -, A. d. 1895, leaving your
petitioners as her sole heirs.
Fourth-That the sand Alma left will
which was duly admitted to probate by
the Supreme Court of the Kingdom of
Hawaii the 18th day of November,
A. D. 1856, and that by the terms of the
SAID will the said Alma appointed one
Fifth-That objection having been made
by certain of the legatees under the said
will to the appointment of the said Hung
Poi as executor of the said will, and the
said Hung Poi having filed his renuncia-
ton of said office. ]. A. Magoon of
Honolulu, Island of Oahu, defendant
herein, was by the said Supreme Court
duly appointed as administrator of the
estate of the said Alma with the will
annexed.
Sixth-That thereafter. to wit, on the
9TH day of December. A. d. 1856. the
said J. A. Magoon duly qualified adj
mnistrator of the said estate of the
said Alma with the will annexed, and
filed a bond in the sum of $3.50 for the
due and faithful performance of the du-
ties of his office as said administrator.
Seyenth-That Immediately following
his appointment as said administrator
the said j. A. Magoon took entire charge
of the affairs of the estate of the SAID
Alma and has been since and is still
acting as said administrator and still
has charge of said affairs.
Eghth-That owing to the appointment
of the said ]. A. Magoon as administra-
tor of said estate the said Meleama,
mother of your petitioners, who was a
Hawaiian woman of little knowledge of
the English language and entirely with
out business capacity or worldly knowl-
edge, reposed in the said j. A. Magoon.
who is an attorney at law of exception
al intelligence and business ability, the
utmost trust and confidence, and left
her affairs entirely in his hands, not
asking nor demanding from him any
counting whatsoever of any of his trans
actions with reference to her property.
| Ninth-That said relation .of trust and
confidence existing between the said j.
A. Magoon and the said Meleama con-
tinued from the time of the death of the
said Alma her husband until the time
of the death of the said Meleama or
during a period of over nine years, and
that during all said period no account
ing was ever at any time made by the
said j. A. Magoon of his transactions as
said administrator, nor was he ever dis
charged by court of competent j..r's-
diction or by any court whatever of h.a
nor has he yet been so discharged.
Tenth-That the said Meleama was the
owner of certain property on the Island
of Maui, consisting of ten and ten
hundredths 90 10-10O acres of land more
particularly described as Royal Patent
Nc 5074, Kuleana No. 5274, and located
at Kanaio, Honuaula, Island of Maui,
Territory of Hawaii, said property be-
ing her separate property owned by her
by virtue of deed to her in fee simple
from one Kaawaapahulu. her father,
dated the goth day of September, A d.
1880, and recorded in liber GA. page 3sS.
in the office of the Registrar of Convey
ances of the Hawaiian Islands, in the
judiciary building, in the City of Homo
lulu.
Eleventh-That on certain date dur
ing the aforesaid period of administra-
ton, to wit, the 1st day of November,
A. D. 1893, and while said relation of
trust and confidence still existed, the
said J. A. Magoon, taking advantage of