The Hawaiian gazette., 1902-04-29

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leaving n rtss balance n hand Hf
tltte The tHtta ere N.rH.i arl
found correct
mAYsilpEN PETITION pTNirp
Judre nurIhfei yesterday d.H.si
abe petition .I T1HHf D.. II....I..n il
ne mait,r uf t.e estate Hf waiter -
Gibson deceased, i1 pu.l TIE pnU.
,lnnar nsk 4 d. cour. @. order tHs tI.a.
tee. David ravt o.. 40 IlI Oh hUr t.U
sum of ti5OSM I'll. petitioner Eol
forth that on october .-, IeDi, Nlr pHE-
tom dul- filed Do au.uai suuU. shove
iue cash receipts Co have been tl1.lf219.
and payments t3tagr. Of which s. $50
income ives paid O. Mrs Hayseldpn.
There remained cash balance o.
5.SiS2i as cash principal DOB Daytons
hands the income of which Mrs Hay
selden claimed during her natural life.
WILL PROFOUND QUESTIONS.
Smith and Lewis vs.. Il. -. NJ Fad. at
torneys for W 4. Rowen, yesterday
iled a motion in the matter Of the cs-
tate OF MalNlna j. Rowell late of Cali
fornia, deceased. to take the testimony
OF Mrs. Marion L. Gay Of Grafton, Cal
iforna, and c. A Sanborn, NJ. d. Of
Bcdlands. Cal. The commission. in
Guiding the Interrogation, accompanied
the motion and was duly allowed by
Judge Humphreys
Among the questions to Mrs. Gay are
the following:
Were you present when Mrs. Nalvins
RoweIl dice?
Have you made a diligent search
among her papers and effects for =
will?
Have you been able to find any will?
COURT NOTES.
Smith & Lewis. attorneys for iona
than Shaw. neutrality-suspicious., have
filed a discontinuance in the matter OF
the guardianship of Evelyn Nichols
Bidweil a minor.
The defendant in the assumpsit mat
ter of Levers & Cooke. Ltd. vs.. Isaac
Harbottle, has filed an answer TO the
complaint, stating that the allegation
and declaration set forth in the plain
tiffs' complaint are incorrect and i'm
proper, and he denies all claims thereof
Appeal has been noted by Henry A
=. Carter and Grace :. Carter. by their
guardian ad Item, Thomas Fitch, in
the case of j. q. Carter, trustee. vs.
Sybil A. Carter ct al, bin for direction.
from the decree and order of Judge Gear
made April 10, wherein the trustee was
prohibited from making a sale of prop
erty by the defendants. particularly as
Mary II. ;. Davis. defendant, was
alleged to be entitled to the interest
of Charles j. Carter, deceased
Arguments in the case OF the Territory
w. Savage. Schnack and Jucn, assault
appeal bill on exceptions By i.tondants
1ofore First Circuit Court, wore heard
and the case submitted 30 the SIprenie
Court yesterday and JudP. Davidson APP
peared az special counsel fer the Irusecu.
lion. with Deputy ATTORNEY General
Csthesrt.
The case of Jesse Makainai vs. Goo
Wan Hay was argued and subinitted be
fore the Supreme Court yesterday.
The case OF the Territory as. Ali Moon
was also argued and sl,bmlt-l.
The Kamalo case VIII come ip for hear
ing before the Supreme Court uu M"r-
day morning.
Two involuntary bankrupt oasps. those
OF Chinese Stora <ecpr.s, viii BE- filed to-
day I'm the United States Curt
An Involuntary bankruptcy was nl.a
yesterday by r. Murakami. :. Koiima
and S. Oznki, against X. Takotn o store
keeper in Palama, in the Junction build
ing, corner OF King and GeretGni1 streets.
The return day is Monday, May 3.
The case of Makaio VS.. Adamu and Al
bert Horner, bill to forccose mortgage.
has been taken under adVisemant by
Judge Robinson. The land is situated at
, Kokuslele, Hamakus.
In the case of Lum All See OF al. Ns
All Soong eli al, the motion of plaintiffs
for remitittur which was heard yester-
day morning before the Supreme Court,
brought to light a peculiar affidavit. The
| remittur was duly made out, but
through inadvertcnce was not presen ted
| to the clerk for signature within the pre-.
scribed ten days limit. In the aitsavit
presented by Attorney Peterson, he ssys:
There has been no opportunity until
very recently for the hearing of said
cause upon its merits by a Circuit judge
OF the First Circuit of the Territory of
Hawaii, there having been absences from
| the BENCH of the Circuit Judges of The
First Circuit the time of the judges Of
the said circuit when present, being
taken up almost entirely with the trial
of Law cases"
Amveg, have been made defendants in
suit brought in the Circuit Court by the
Good Hope Building Association 10 re-
cover Sl2olGo. with interest from Decena-
Der 10. 1901. The complaint sets fesih
the allegation that judgment was fiisd
on behalf OF the plaintiff against defend
ants in the Court of Common Pleas.
County of Philadelphia, in December,
1901, and nothing up to the present time
has been paid thereon. Andrews. Pet
ers 4 Andrade are plaintiffs attorneys.
The motion for q new trial in the ease
or the United States VS.. the Honolulu
Plantation Company was brought UP be
fore Judge Estee yesterday and was set
for hearing week from next Monday
Proclamation OF the various suits Of
sailors against the schooner Howe were
made In the court house yesterday norm
ing by Marshal Hendry. but no responses
were made, and the cases were set over
NJ Nun