The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-12-23
ELLISES FAR AWAY
Continued from page one.)

($15,000) dollars vas paid to said Maria
S. Davis and the sum of ten thousand
$l0,000) dollars to each of said bene-
ficiaries under said trust deed; that at
the time said distribution was made as
aforesaid it was distinctly and eX-
pressly understood and agreed by the
said Gulstan F. Ropert, the said John
X. Sumner, said William S. Ellis, said
John S. Ellis and this affiant, that the
! balance remaining after said partial
distribution ought to be, should be, and
was to be held by said Ropert trustee
upon all and every the trusts in said
deed of trust mentioned"
! In another affidavit Mrs. Buffandeau
says as to Bishop Gulstan's testimony
that it will also prove the trust and
that the $4,000 was to remain and she
continues:
THAT your affiant further expects to
prove by said Gulstan f. ROpert that
on or about the 2lSt day of October A.
d. 1902, one j. Alfred Magoon, attorney
for said John X. Sumner and said John
X. Sumner visited said Ropert at his
residence, and said Sumner then and
/ there requested said Ropert to pay over
! to him said balance of forty eight thou
! sand ($4S,O 00) dollars; that said MagOon
and said Sumner then and there ad-
/ Vised said Ropert that said Sumner was
| the owner of said money and entitled to
its immediate control and custody; that
said Robert confiding in the advice of
said MagOon, and in his honor and in
Il tegrity and believing from his presence
with said Sumner, he having been ad-
verse to him for many years and up ia
a period of less than two weeks prior
thereto, that an amicable, satisfactory
and legal arrangement had been made
for the termination of said trust, said
Ropert gave his check for said sum OF
forty-eight thousand ($4S,000) dollars
in the First National Bank of Hawaii
to said Sumner, and at the same time
at the request of said Magoon, sale
Ropert handed said Sumner a certain
! will referred to and part of said trust
, deed which the said Magoon then anc
there cancelled in writing.
THAT affiant expects to prove anC
will prove by said Gulstan f. Ropert
the contents and purport of said VIII
which said will, without the knowledge
consent connivance, or instigation o.
this affiant was on the 21st day of Oc'
tober A. D., 1902, destroyed by saiC
: Sumner by burning the same.
THAT the fact of the statement t.
7 said Ropert by said Sumner and saiC
Magoon in connection with the cancel
lation of said will, as set forth in para
graph six hereof; the contents anC
! purport of said will cancelled and des
: troyed as aforesaid, and the letters
from said Sumner to said Ropert di
recting a partial distribution of saiC
trust fund, as set forth in paragraph
four hereof, cannot be proved by any
person other than said Ropert and af
fant AYERS, that the testimony to b.
procured from said Ropert is not Gu
muative, but in Indispensable to a pro
per hearing hereof
THAT this affiant believes the testi
mOny, as above set forth, to be pro
cured from said Ropert, is true.
That this affiant has reasonable
expectation and belief that the testi
mony of said Ropert can be procured
by the 18th day of January, 1903.
THAT this application for a continu
ance is not made for veXation or della!
but in good faith for the purpose of OBJ
tanning a fair and impartial hearing o
the issues, and that justice may b.
done"
The motion is signed by Thompson
and Watson and A. S. Humphreys o
counsel and is addressed to T. McCant
Stewart, attorney for Gulstan f. Ro
pert petitioner; Magoon & Peters, at
torneys for John X. Sumner and Marii
S. Davis respondents George A. Davi
attorney for John X. Sumner,