The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-07-31

| ternoon, after finishing up all matters
of the present term, excepting those
| continued.
THE CASTLE CASE.
The evidence in the case of Mrs Mon
tano VS.. w. R. Castle for an account
o'clock, and the attorneys agreeing to
submit written arguments, the court re-
served it's decision. In the morning the
defendant went on the stand to explain
his transactions with the Montanos and
stated that the accounts of husband and
| wife were so interviewer that he made
no distinction, and kept but one account.
| They carried a large mortgage he ex-
planned, $4,000, and he was requested to
sell the eleven acres in question to pay
off the debt. Witness thought $4,000 was
| a large price for the land, and said he
| had explained this to plaintiff when she
said she wanted cash. He explained the
reason he did not put her name on the
deed was because in case OF foreclosure
names would not go in the paper, and
his clients as a rule asked him to act as
trustee, and he generally made the pa
pers read that way. He also stated that
Mrs. Montana had always told him to
act for her, and in this instance had
| asked him to sell the property. She told
him that whatever her husband said was
all right with her. The plaintiff disput-
ed this testimony on rebuttal and there
was quite an active controversy over the
admission of Testimony before the case
was closed.
COURT SCORES MINISTER
The Rev. Mr.. Azbill came in for a
rather severe arraignment yesterday at
| ternoon when Judge Gear decided the
case of Levy VS.. AzbiIl in favor of the
| plaintiff. This case grew out of the.
| sale of the lease of the Queens Hotel
to Mr.. Levy by the Rev. Mr.. Azbill. The
| terms of the sale had been concluded
and the plaintiff made a payment to bind
the bargain. Just at this time the
plague came on and for this and other
reasons the deal fell through, because of
| the failure of said defendant to keep his
part of the contract Mr.. Azbill failed to
! return the money to the plaintiff and
| Mr.. Levy began suit to compel its re-
payment. The court severely scored Mr..
Azbli for his part in the transactions,
holding that the evidence showed him to
| have been in the hotel during the time
alleged and for which Levy received no
pay.
TT seems to me- concluded Judge
Gear, that the plaintiff is entitled to
recover the full amount sued for. am
surprised to see man in the profession
of Mr.. AZbill take advantage of such
thing. Even if he thought that Mr..
Levy had no legal right IN the case, it
seems to me that he would feel morally
bound to return the money to him. But
| it is proven that plaintiff is legally en-
titled to the money. The evidence shows
that Mr.. Azbill was paid $3.50 and this
amount Levy is entitled to recover with
interest from January, 1900. The clerk
will enter this Judgment
PROBATE MISSING WILL
| A novel will was admitted to probate
yesterday in the Circuit Court, an in
| strument which was destroyed by fire,
| but of which fortunately a copy had been
made and preserved. February a. 1901,
Miss Esther E. Hines, of Honolulu, aged
A, died in Australia, where she had gone
for a visit with relatives. Previous to
| her departure she had made disposition
] of her property, and accidentally carried
| the will along with ner. The paper was
destroyed by fire shortly after Ler ar
rival in Winton, Queensland, and she so
notified her sister in this city. telling
| her to carefully preserve the duplicate
terday on application of George w.
Davis, Judge Gear admitted the burned
will to probate, the copy of the viii be-
| ing proven as Identical with the enc de-
stroyed by fire. A commission was also
issued to the courts of Queensland au-
| thorizing the taking of testimony re-
garding the death of Miss Hines.
| Mrs. Mary J. Kopke was made execu-
trix under the terms of the will. The
| Il aN,1{ u l. r
| lulu to the value of s4,7S5, consisting of
stock in the Eva plantation and in the
Oahu Sugar Company. The will provides
/ that Of the lbs shares of the Srst named
stock 20 shares shall go to each of the
six children of decedent's sister Jenny
Kopke, and the remaining shares to go
to the sister, Jenny. During the lifetime
! of the deeedent's sister Sarah she shall
enjoy the income from this stock. The
u shares of Oahu Sugar Company stock
| is willed to Edward brother of the de-
ceased, and all her personal effects are
given to Mrs. Jennie Kopke. The wit
| nesses to the burned will were Albert
Waterhouse and Mrs. James Girven.
COURT ADJoURNS FOR TERM
! Court was adjourned for the term at
| 8 O'Clock, Judge Gear continuing until
| the next term all criminal cases, divorce
proceedings and civil suits not already
disposed Of
COURT NOTES.
| A petition for discharge was filed yes
terday by j. M. Monsarrat in the mat
ter of guardianship Of Genevieve Dow
| sett, minor. There is balance in
| hand of s3.3s512.
A bond of $3.50 on motion for new trial
and appeal was filed yesterday by plain
tiff in the case of Kapiolani Estate, Ltd.
VS.. Kaneohe Ranch Company ct al.
In the matter of the estate of r. w.
Holt, j. NJ Monsarrat was appointed
master, and for the estate of II. A. P
Carter. Henry Smith is appointed mas
ter.
ROMANCE OF ENGLISH OITEElN