The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-09-21

that the p-nxinaate eanse q the loss
of the propersr &zS the ufnd and rns
I the Board e He4ltks order f0z TIE
destruction Of another haSI5Eng Tbs
insT sustained this plea
For Hesrins To-Day
A decision Ein be given In the case
% Jacinfk1 RSwIins- ordered To show
cause On Moadaw morning Al sSa
O'Clock IL Judge Gears coart. when
the following probate matters viii 81
so be heard IN ~ estate OF J. i y
Ilass guardianship Of Alhert H I.acas.
e. al minors. petition for appointment
/ OF guardian. estate Of John De Costa.
motion for more allowance to widow
guardianship e Francisco Borges Ct
al petition for guardian. guardianship
| OF Il A p Carter. et al. estate Of An
tone P. Felipe. alias Phillips. ordered
10 show cause; guardianship OF j.
i Biaisdeil minors: guardianship Of
Richardson minors; guardianship OF
H p Williams e al. In re bond Of
Nioho; guardianship Of KaaIoa Hasa
ill., spendthrift guardianship Of JOS
eph and Manuel Christ: guardianship
OF Gay minors. estate OF Ksaloha En-
ko. guardianship OF Florence Bell
Tewkeshury; estate ]. NJ StiElnan:
guardianship of Becke KaonOhs; es-
tate OF Antoine Felipe: guardianship
Of Mary Pestana and guardianship OF
Jacinto Pestana, an insane person.
Insurance Money Tied Up.
An interesting case was commenced
in Judge Gears court yesterday after
noon. one in which SIS. 900 insurance
money is involved. the case OF Cecil
Brown. administrator or the estate OF
David Bowers Smith. deceased. vs..
The Equitable Life Assurance Socie-
~ of the United States. Judge Whit
ing appeared for plaintiff and Judge
Silliman for defendant The following
jurors were drawn to try the case.
Harry 2. Austin, Jamas Odds. Jr.
Lawrence H Dee. n N Amy. Ell ].
Crawford E Buffendeau Geo. F.
Kleugel. F. c. Bertleman. G K Fox.
]. r. Edwards. Edward Dekum. W
G Ashley.
Plaintiff. in his complaint. sets forth
that D. B. Smith died without making
will and that he had an estate in
New York which consisted of a paid
up insurance policy of SIS. 000 Notice
OF the death of Smith had been for
warded to the insurance company's
Office in New York and a demand had
been made for the money to be turned
over to the administrator. Cecil Brown
in Honolulu. The money had been
refused. Plaintiff therefore asks for
| Judgment with interest from the time
i the money became due. and costs.
Defendant, in its answer. states that
no demand had been made for the
money which was payable at the Office
of the company in New York and that
the company, held the money ready
| to be paid over There are. however.
evidently two administrators in the
| field It seems that an aunt of the de-
ceased had put in a claim and had
been granted temporary letters OF
administration in New York, This
| aunt is Olivia K. Brown of Statesville.
North Carolina. The daughter of the
/ late David Bowers Smith. Mrs. Burke,
was in court with her husband.
| Several witnesses were put on the
stand by the plaintiff 1t was shown
that the insurance company had been
notified of the death of David Bowers
Smith. Whiting claimed that the GER
tificate of death presented at the Of
| fee of the insurance company consti
tuted demand for the money. the
amount OF the policy. The case con-
| tfnues on Monday.
There will be nothing doing in the
courts today, on account of the holt
day.
Gill Case NolIe Pros'd.
Upon motion of Deputy Attorney
General George A. Davis before Judge
Gear yesterday a nolle prosequi was
entered in the case of the Territory OF
Hawaii vs. Edwin s. Gill; assault with
a dangerous weapon, as the prosecut-
ing witness was absent When the
matter was brought before the Court
Judge Gear remarked that it seemed
that the prosecuting witness had been
| absent a long time and that a nolle
prosequi should have been entered in
the matter long ago.
Motion for Jury Trial.
Motions for jury trial n the Pearl
Harbor naval station land condemna-
ttion suits have been filed by the es-
tate of Bernice Pauahi Bishop, the
Dowsett Company. Ltd. the Oahu Su-
gar Company. Ltd, and the Honolulu
Plantation Company. by their attor-
neys. Hatch & Silliman. 1t is asked
that these causes be placed upon the
calendar of cases to be tried before
the jury at the October term of the
United States District Court.
Notice has been given that on Mon
day. the 23rd instant, at 10 a m. these
motions will be presented before
Judge Estee
The Dowsett Company has filed its
answer in the condemnation proceed
ings. denying all allegations in the
complaint The other three companies
above mentioned have hIad amended