The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-13
SUIT BROUGHT
FOR RECOVERY
A Rather Complicated Case
Against Present Ana
MOmOna.

William r. Castle has brought suit In
for the recovery of $1,000 alleged to be
due him in connection with estate mat
tiers of the late Antoine Phillips or Fe-
lipe. The plaintiff states that several
years prior to the bringing the action
on or about September 6. 1856, he was the
Ana Momona, who was as he believes,
the foster parent of Ana Mono
ma the above named defendant. While
acting a. such attorney he proceeded
against A. s. Cleghorn, the administra-
tor of the estate of antoine Filipe, the
deceased husband of his client, Ana Mo-
mona. to secure an accounting and pro-
cure for her an income from the estate
in which she had a life estate. While
the proceedings were pendingCastie states
that Cleghorn, desiring to be relieved of
the care of the estate, paid over to the
plaintiff certain funds of the estate. He
alleges there was balance of $1,000 due
his client from Cleghorn, which he said
he was unable to pay in cash, and Of
fered to convey certain parcel of land
with the building thereon situate, at
Waihee, Maui. In accordance with the
practice of that date, the plaintiff con-
suited Hon. l.. McCully, the Justice of
the Supreme Court, having cognizance of
and jur .sdiction of the proceedings IN
said estate; that said Justice gave an or
al order that such proposition be ac-
cepted, and the plaintiff thereupon ac-
cepted such order. The premises were
conveyed to the plaintiff in trust for The
tIsrza LnNa h. e a
Ana Momona during her lifetime and aft
er her death to go to the devisees named
in the will. The late Ana Momona On
November Is, 1889, substituted for plain
tiff as her agent. the late Antoine Rosa,
and Ana Momona transferred all her bus
mess TO him and requested plaintiff TO
deliver to Rosa all moneys. and securities
in his hands and to convey the land TO
her
Plaintiff states he delivered all sucn
securities and moneys in his hands, eN-
cert two mortgages, which are retained
for settlement He said he did not IN
nediately make over said land, and that
Rosa and Ana Momona constantly urged
Kim TO make the necessary deed Cor such
purpose. and after some delay he lid so.
but leaving in plaintiffs hands still M
settled one mortgage for $500 for fore .
closure. Subsequently on March 10, 1891,
the mortgage having been foreclosed, the
full amount was paid over to Ana Mo-
mona (not the present defendanD by de-
livery of the proceeds thereof 10 enc
Charles Demont as her attorney In inst,
she to use the income from said funds
The plaintiff states he has been IN
formed and therefore believes that the
500 was used and expended by the SAID
Ana Momona during her lifetime ia i'm
proyements upon her own property, and
~esnat no part thereof has been pad to
the devisees under the will of Antoine FL
iipe. and that the premises were convey
ed to Ana Momona. the present defend
ant. who was a membr of the family and
well acquainted with the trusts upon
which said premises were held.
On January 2S 1897, the first Ana Mo-
mona died, thereby terminating her life
estate under the will Thereafter an ac-
ton was begun by the deVisees against