The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-27
MAGOON'S REPLY TO FITCH
IN FULL FOR THE FIRST TIME


say that everything done has been wit
the sanction of the Court after full in
Vestigation. The amount that | was per
mitted to give Mr.. Love was limited I
800 per week by the Judge who CAV
the accounts his personal inspection an
went very carefully into all the matter
! pertaining to the estate. The records o
the proceedings are as follows:
Friday. June 5th, 1896, before Perry, ]
Guardians Annual Account. J. A Ma
COON presents to the Court his accoun
and vouchers in the above estate. TIL.
Court with consent of the guardian re
fers the accounts TO ]. A. Thompson
Jerk"
"Wednesday June oath, 1896. before
Perry J.
Mr.. Magoon, Guardian, in person
James Love, ward, is also present II
Court. James Love asks that he be al
lowed to examine the accounts No OBJ
lection offered. The Court autaorizes
the guardian to pay the bills of A CHS
holm and J. G. Tregloan contracted by
the ward without the knowledge of the
guardian and further orders that the
guardian advertise notice that no bills
contracted by Mr. Love will be paid by
the Guardian. The Court gives oral in
structions TO James Love- and oruers the
guardian to pay James Love not more
than Sc0 per week cash allowance and
800 per week for board and lodgings
The approval of the accounts is con-
unued until tomorrow to give James
Love an opportunity to examine the
same On the following day the &C
counts We're duly approved.
In addition to the $500 allowance, Mr.
Love always had enough to cIothe him
self decently with and also additional
special allowances from time to time So
far as physical comforts were concerned
ne did not complain. but that he did not
nave money to squander is certainly
true When 1 took the estate it was of
the value of about $4,000 and Mr. Love
was about $4,000 in debt. Now the
estate is of the value of about s,yJ. go 80
and Mr.. Love is about $1,000 in debt Of
course. this accession to the estate
comes from the increase in the value of
real estate, but there can be but little
question that Mr.. Love would not have
this real estate today had a guardian not
been appointed for him. At the rate he
was going through with this property it
would not have been long if the past
could be just guide to the future. be-
fore he would have Invested himself of
every dollar
1 charge Mr.. Fitch's malicious utter
ances against myself to the fact that I
refused to be a party in permitting Love
to divest himself of about $4,000 worth
of property. under the following plan:
During the progress of the trial. after
l had conclusively shown Mr.. Love to
have been an habituaI and confirmed
drunkard, Mr.. Fitch handed to Judge
Gear a letter, and at the same time one
to me. stating that one was copy of
the other. The letter which ne handed to
me, reads as follows:
Honolulu, T. H, Aug II. 1901
Messrs. Magoon & Thompson,
Attorneys at Law, Honolulu
Gentlemen: I propose the following
compromise and settlement OF all matters
In controversy in re James Love:
LIST. Termination by consent of. spend
thrift trust.
I'd. Deed to Mrs. Hart and her brother
of life estate in King street property,
occupied by her.
Sd. Deed to Mrs. Roe of Emma street
property.
4th. Mortgage by James Love of King
and kekaulike street property for s12, 600
at per cent. Money TO be used in pay
ing balance due Mr. Magoon of about
$1,000, $3.50 note, and any other debts OF
hr. Love including that due his coun-
sci, balance to be retained by Mr. Love
5th. Deed by James Love to trustee
to be named by the Court of all of his
remaining property in trust; to extin-
guish the lease of Emmeluth of Is feet
on S.W. corner King and Kekaulike
streets on the best terms. Trustee then
to lease balance of NE. lot to best ad-
vantage, and to sell S.W. lot, to pay
off $4,000 mortgage and to invest balance
of proceeds of sale in mortgages on Ho-
nolulu improved real estate, the interest
as also the rents of Ne. and S E. corners
to go TO Jas. Love during his life. AT
his death these corners to be sold and
their proceeds with the proceeds of the
mortgages and security to be turned into
cash and go one-haIf to Mrs Hart, one
fourth to her brother. one-fourth to the
two nephews of Mr.. Love. 1 shall hand
a copy of this letter to Judge Gear.
Yours respectfully,
THOMAS FITCH
After some negotiations an agreement
sSr settlement was reached with the en-
tire approval of Mrs. Hart whereby
without putting on further testimony, L.
with the consent of the Court, was to
submit to a termination of the guardian
ship, and as soon as the guardianship
was terminated Mr.. Love was to execute
deeds in pursuance of the agreement
reached, all of which was 10 be subject
to the approval Of the Court. Mr.. Fitch
thereupon sent or brought to me four
Instruments which were prepared by him
and all of which were signed by James
Love. One was a deed to Mrs. Hart and
her brother of the life estate OF James
Love in the premises on King street now
occupied by Mrs Hart as tenant at will,
Mr.. Love having previously given to MIS-.
Hart and her brother the fee of this land
subject to his life interest This prop
erty is worth at least six possibly ten
thousand dollars and may be made to
produce an income TO Mr.. Love of about
$50 per month. Another of the instru-
ments was a mortgage to Mr.. Fitch for
81, 600 and Mr.. Fitch was TO pay Mr.
Loves debts which amount in round
numbers to say $1,000. Another of these
instruments was an absolute deed to Mrs
Annie Roe of the premises on Emma
street of the value of say about ten
thousand dollars, and the last one was
trust deed for the remainder of the
property to a trustee to be named by the