The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-19
NEW ORDER
IS MADE
Gear Changes His
Mind Once
Again.
DA SILVA ESTATE
GOES TO DAVIS
Order Made Yesterday Allows the
Second Withdrawal OF Money
Pad Into Court.

The Da Silva estate. which has been
source OF litigation in the courts for
some time. Is going from bad to
worse. There have been a half dozen
claimants to the estate OF the old POr-
tuguese. and though there was never
large amount OF property involved.
the contest has been no less bitter on
that account.
y few months ago the estate was sup
posedly finally settled in favor of the
widow OF the deceased, and an order
was made by Judge Gear directing the
payment OF the money into court, some
four hundred dollars. to Thomas Fitch.
as attorney for the claimant. 'and the
administrator, De Paulo. \ few weeks
ago. however. a new claimant appeared
in court. in the person OF a sister of Da
silva. who claimed a portion of the es-
tate The widow contested the claim.
and arguing that in any event the mat
ter had passed out of the Jurisdiction of
the court.
Judge Gear took the matter under
advisement. and after the contest had
been almost forgotten, filed an order
one day requiring Mr.. Fitch TO pay
back into court the money he had re-
ceived for the administrator. until such
time as the claim of the alleged sister
was disposed of.
Fitch, however. had already paid
portion OF the money, about 1927, to the
administrator. De Paulo, for the Wild
ow, and made an affidavit to that eff
feet. Thereupon the first order was
amended and De Paulo ordered to pay
his money into court, and he did so,
while Col. Fitch appealed to the Su-
preme Court, claiming that the money
in his hands was the attorneys fee.
And there the matter stood until yes
terday, when another unexpected order
was made upon application of George
Davis. Judge Gear signed an order per-
hitting De Paulo to withdraw the 1927
he had previously paid back into court
the former order having been mad
vertentIy made" In other words, Judge
Gear rescinded n portion of an order,
leaving the remainder standing, though
falling to assign any reason for his
action. Whether the alleged sister has
been held not TO be a sister to the de-
ceased. and not entitled TO the estate.
is not made clear. and the fact only re-
mains that the 1927 has been again
withdrawn from the court, and was
paid yesterday to George y. Davis
COURT NOTES.
None of the Circuit Judges held court
yesterday. Judge Humphreys is still
confined to his home. though it was re-
ported that he would be able to be
down in the afternoon.
The correspondence between Governor
Dole and Minister Sewall regarding the
appointing power OF the governor du-
ring the transition period was submit
ted to the Supreme Court yesterday.
IN the case OF Hind vs.. Wilder Steam
ship Company. There is but one COM
munication from the Secretary OF State
in which he said that the vacancies in
public Office might be filled as hereto
fore, excepting that an oath Of ale
glance 10 the United States was requir-
ed.
The annual report OF Helen a. Holt.
administrative OF the estate of ]. Z.
Holt. deceased. was filed yesterday.
Receipts were $7,s16.13 and disburse-
ments S5.4iO.3S.
A. MagoOn has asked to be
appointed administrator OF the estate
% Harriet a. Kawainui. The estate IS
valued at $4,000.
4 motion has been made asking that
the administrator OF the estate OF John
Uni. deceased. be required To file his
accounts.