The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-06
HOLT HEIRS
SEEK FEE
Want Will of Forty
Years Ago Set
Aside.
CLAIM FATHER WAS
OF UNSOUNO MIND
Charge That VIM. A. Aldrich and
James w. Austin We're De-
signing Persons.

| After forty years of acquiescence il
the will of Robert William Holt. tn
sons yesterday morning petitioned t,
| have the instrument set aside as beinl
| false and fabricated" The propert.
involved amounts TO about sS7 1000.
The suit is brought by John D. Holt
James r. Holt, John D. Holt Jr. and
John F. Colburn and the parties made
defendants are HanakRulani Holt, P
w. Holt, o. ]. Holt Jr., Geo. H. Holt
c. j. Holt, Annie K. Kentwell, Eliza
beth X. Richardson, Henry Smith
trustee, Helen A Holt in person and
as guardian of the minor children OF
James r. Holt. deceased.
The petition relates that Robert w
Holt died in Honolulu, Kingdom OF
Hawaii, July 9Th, 1862, leaving three
sons, the petitioners, ]. r. Holt and
j. d. Holt and Owen j. Holt, the elder.
now deceased, a daughter Elizabeth A
Aldrich, now deceased, and the widow
Watt Holt, also deceased.
On July TO- 1862, a will was admitted
to probate by the Supreme Court which
was offered by VIM. a. Aldrich and
alleged to have been executed May 80,
1862. AIdrich was appointed as execu-
tor. Afterwards by proceedings in the
Supreme Court Elizabeth Aldrich with
drew, receiving as her portion, one
quarter of the estate, to which she was
entitled under the will. In succession
to w. A. Aldrich divers persons have
been appointed as administrators or
trustees, and on June 4, 1900. Henry
Smith was appointed to succeed Bruce
Cartwright as trustee, and continues
to exercise such authority.
It is further alleged that Owen j.
Holt the elder died inteState in 1891
leaving his property to his widow Ha-
Holt and his nine children,
named as defendants above.
At the date of his death. according
to the petition. the deceased Robert
William Holt left considerable prop
erty. being the Ahupuaa of Makaha.
Waianae. and Of Halemano and Wahi-
ava in Waialua, this island, all Of
which has been kept intact excepting
80 acres of land at HaIemano. All this
land is said to be worth $4,000 and is
held by Henry Smith as trustee to-
gether with certain personal property
of the value of $4,000.
Interest in these lands is claimed as
follows: John D. Holt Jr., as an heir
at law of Robert w. Holt, and OF his
father Owen J. Holt; John F. Colburn
as grantee upon certain trusts of the
title of James r. Holt; James L. Holt
as heir of his father Jas. r. Holt and
uncle John d. Holt, and James r.. Holt
and John D. Holt as heirs at law Of
the testator Robert William Holt
1t is further represented that for a
long time prior TO the making of the
a Hes Ia nv Gai Poi n
liam Holt, he was of utterly unsound
mind. And that he had Their become
and was, as result of age and dissipa-
ton, a mental wreck, utterly unable
and unfit to attend to or discharge or
binary or other matters of business;
and that he was not then, o. at any
Of said dates, possessed of sound or
If disposing mind, and that he was not
n fit or proper or competent frame
IF mind of memory to enable or to
it him to make or publish will or
testament. or to understand the terms
If any written document"
1t is alleged further that the docu-
nent admitted TO probate by the SUI
1reme Court was not the will of Holt. |
nor was the codicil. but that they were
md are false and fabricated instru-
nents which were imposed upon said
Robert William Holt by designing per-
sons while he was in a condition of
mental incapacity 10 make or under
stand Will and when while such con-
iition of incapacity was we'll known to
said designing persons. to wit: James
w Austin, an attorney then living and |
'racticing in Honolulu, by whom slid
viii was drawn. and said William A. !
the ssn-in-law of said
Robert W. Holt and other persons
whose Identity is not certainly known /
o your petitioners"
1t is further alleged that on the day
the date of the alleged v,ln. /
petition was presented to the u
oreme Court alleging that Holt was
Unable 10 manage his own affairs and
nat mis- family might suffer, Robert
m Holt was therefore edjudged an
Incompetent and placed under the