The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-15

evidence OF this reckless and specuIa-
tive proceeding the attorneys Of Maria
5. Davis received $1,000. Other pay
ments are also set out and it is alleged
that it was agreed that the remainder,
$4,000 should remain in the hands o.
the trustee, The relations between
Sumner and Mrs. Davis are set out at
length 1t being alleged that after the
payment of the $4,000 the sister and
her son became very attentive and
friendly and took up residence with
Sumner in Kalihi. 1t is alleged that j.
A. Magoon was attorney for Mrs Da-
Wis and that he was induced to obtain
the said sum of $4,000, and that in
company with Magoon, Sumner was
given check for the amount by the
Bishop and the deed of trust was can
celled. This money it is alleged was
deposited with Bishop & Co. in such
manner that mo part of the same could
be withdrawn without the approval of
said Magoon," and when Sumner pre-
scented his check for the amount
through Geo. A. Davis payment was
refused.
Defendants also set UP they are the
sole and only heirs of the said Sumner
that said Sumner shall have not only
the income from said money and prop
erty mentioned in said deed of trust
but as much of the principal sum as
may be necessary to conduce to his
comfort. if the same is placed in the
hands of prudent and discreet trus-
tee, they yet intend so long as said
Sumner is under the influence and adj
vice of INSCRIPTIONS and dishonest per-
sons, who seek to fasten their black
pennants of piracy upon his belongings
to stand strictly upon their legal rights
under said deed of trust: and these de-
PENDANTS while protesting their sincere
sympathy for the said Magoon in the
numerous difficulties which presently
beSet him, are nevertheless compelled
to strenuously resist his unsolicited eff
forts to constitute himself the trustee
of a fund in which they are the sole
and only benefciaries apparent, and tt
object to what appears to be his fixed
intent to find continuing source OF
profit therein"
THE DAVIS AGREEMENT.
The following is the agreement upor
which Mrs. Davis agreed to dismiss thu
suit to have Sumner declared insane:
Honolulu.
Territory of Hawaii Island of Oahu
In consideration of the sum of on
dollar, to US in hand paid, the receip
| whereof is hereby acknowledged, we d.
seyerally covenant, promise and agre'
to and with John K. Sumner, that WI
| will, upon the payment of the sum o
Fifteen thousand Dollars to Maria
Davis by the said Sumner, dismiss al
proceedings now pending against tn
said Sumner whether said proceeding
| be at law in equity OF in probate, o
be proceedings in rem or in personam
also that we will remise, release an
forever quit claim to the said Sumner
and his heirs and assigns other thai
US, or such person or persons as h
may now severally have, except Ma
kapu land or which we may at an
time in the future acquire in any man
ner whatsoever, in and to any, all an
Ievery the property now owned or claim
ed by said Sumner, whether such prop
erty be real, personal or mixed.
| In witness whereof, we have hereunt
set our hands and seals this 18th day O
| October, A. D. 1902.
! tSigned) r. w. DAVIS.
| Sc MARIA S. DAVIS.