The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-24
ELLIS SEEK
MORE DELAY

The long threatened motion for
continuance in the Sumner case was
filed yesterday by A. S. Humphreys, on
behalf of Victoria Ellis Buffandeau
and the remaining Ellis heirs, with a
number of affidavits setting out facts
which it is alleged can be proved by
the testimony of W. S. and j. S. Ellis
also appended from DR.. Herbert, set
ting out the Illness of the Bishop.
Mrs. Buffandeau, in her affidavit, al
leges, among other things:
THAT affiant expects to prove and
will prove by said William s. Ellis.
that during the trial of proceedings to
place said Sumner under guardianship
as an insane person, had in the cir
cult court of the First circuit, Terri
tory of Hawaii, during the month of
September last, as alleged in the joint
and separate answer of the defendants
William Ellis, John S. Ellis, that he
(Sumner) was tired of being in court,
and that in order to pacify his sister
Maria S. Davis, and to have all pro-
ceedings against him and his property
dismissed, he, the said Sumner, would,
with the consent and approval of said
beneficiaries under said trust deed,
give said Maria S. Davis fifteen thou
sand ($15 5000 dollars: that said Will
lam S.. Ellis and the attorneys of rec
ord for said Sumner in said proceed
irgs, protested against any settlement
upon said Mary S. Davis; that from
day to day thereafter said Sumner re-
newed his wish to settle said proceed
ings as aforesaid, until said beneficiar-
les under said trust deed finally con-
scented to the payment of said sum of
fifteen thousand ($15,000) dollars to
said Maria S. Davis for the purpose
aforesaid.
THAT thereafter with the consent of
said William s. Ellis, John Ellis and
afiant, and with the consent and at
the request of said Summer, said Ro-
pert did distribute a portion of said
sum of one hundred and ten thousand
(s110,000) dollars; that out of the por-
ton SO distributed fifteen thousand
($15,000) was paid 20. said Maria S.
Davis, and the sum of ten thousand
9($10,000) dollars to each of said bene-
ficiaries under said trust deed; that at
the time said distribution was made "a
aforesaid it was distinctly and ex
pressly understood and agreed by the
said Gulstan F. Ropert, the said John
K. 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"
There is another affidavit to show
what it is expected to prove by the
Bishop, and Mrs. Buffandeau says:
THAT affiant expects to prove and
will prove by said Gulstan f. Ropert.
the contents and purport of said viii,
which said will, without the knowledge
consent, eonnivance, or instigation of
this aff1ant was, on the 21st day of Oc-'
tober, A. D. 1902, destroyed by sal
Sumner by burning the same.
ssThat the fact of the statement to
said Ropert by said Sumner and said
Magoon in connection with the cancel
lation of said will, as set forth in para
graph six hereof; the contents and
purport of said will cancelled and de-
stroyed as aforesaid, and the letters
from said Sumner to said RopeTt, d.
recting a partial distribution of said
trust fund, as set forth in paragraph
four hereof, cannot be proved by any
person other than said Ropert and af-
fiant AYERS, that the testimony to be
procured from said Ropert is not GU
mulative, but is indispensable to a
proper hearing hereof.
THAT this affiant believes the testi-
rnonv 4as a hove set forth. to be procur-
ed from said Ropert is true.
.'That this afflant has reasonable
expectation and belief that the testi-
mony of said Ropert can be procured
by the 18th day of January, 1908,
THAT this application for a contin-
uance is not made for vexation or de-
lay, but in good faith for the purpose
of obtaining a fair and impartial hear
ing of the issues, and that justice may
be done"