The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-09-05
RELATIVE WANTS THE
AGREEMENTS
BROKEN
SUIT COMMENCED IN WHICH
VALUABLE PROPERTY is IN
VOLVED-SUMNER DECLARED
INCOMPETENT BY MRS. DAVIS.

Action has been begun in the Circuit
Court by Maria S. Davis. sister of John
X. Sumner, to set aside the instru-
ments under which the Oahu Railway
q Land Company is seeking to force
the Rev. Bishop GulsLan f. Ropert 10
sell Sumner harbor lands for $lOO,OOO,
in accordance with such instruments.
1t is claimed that Sumner has long
been OF unsound mind, that he was Oh
unsound mind when he made a trust
deed of his property to Bishop Ropert'
as well as when he made lease Oh the
harpor lands for 80 years 10 B. +. Dill
lingnam and Mark r. Robinson.
mrs. Davis asks to be appointed
next friend" of Sumner, for the pur-
pose OF bringing suit to set aside the
instruments in question and to inter-
Vene in suits now pending which the
Oahu Railway & Land Company is
pressing 20 enforce the terms OF the
lease. The lease was made by Sumner
in February, 1895. 1t was to Mark p.
Robinson and Il. f. Dillingham; for ~
years, with a privilege of purchase at
any time for 100000 cash. Dillingham;
and Robinson assigned the lease to the
railway company, which is now seek
ing to make the purchase.
On September IL, 1898, Sumner made
a trust deed of his property to Bishop
GuIs,an, and short time ago the
Oahu Railway Company rendered $780,
0UU in cash to the Bishop, for the pur-
chase of the lands. 1t was refused at
that time and suit was begun to COM
pei the Bishop to carry out The lease,
which it is stated he is now preparing
to do. Mrs. Davis says that Sumner
was of unsOund mind both when he
made the lease in 'y5 and when he
t., ln tacy
her intention to bring a suit as next
friend, to set aside both instruments
and have the property reconveyed to
Sumner. The petition concludes with
the following:
THAT the said John K. Sumner and
the said Right Reverend Gulstan f.
Ropert are now negotiating and are
about to sell and convey The bulk of
the real property of the said John X.
Sumner to Oahu Railway & Land Com
pany for the sum of one hundred thou
sand dollars and will do so unless re-
strained by the order of this court and
your Honor.
Your petitioner therefore prays that
she may be appointed the next friend
of the said John X. Sumner for the
purpose of instituting a suit in equity
against Gulstan f. Ropert and Oahu
Railway and Land Company to set
aside said deed of trust and said lease
and for the purpose of protecting the
rights of the said John X. Sumner and
his heirs"
With the petition is an authorization
by Maria S. Davis and r. H. Davis,
for Attorney George A. Davis to begin
any suit that may be necessary to pro-
tect the Sumner estate. The lands es-
pecially involved in the action are
known as Kahaohao and Kaholoholo,
and are very valuable property.
This morning Davis filed a suit in
equity, to set aside both the deed and
the lease and to restrain the Bishop
from negotiating~the sale. Judge Gear
granted a temporary Injunction, re-
straining the Bishop from selling the
property and the railway company
from buying it.. 1t is said that the
100000 in cash would have been paid
over today and the sale consummated,
but the matter will now have to be
heard in court.
Summers estate has been in litigation
for many years, as a result of his dis
position to deed 1t to other people. He
was adjudged insane at one time by
Judge Perry, but the Supreme Court
restored him to legal competence Lat
er the courts set aside deeds made to
Robert w. and Theresa Wilcox, and
cancelled a note of S55,00O given to All
In. Afterwards Sumner made the
trust deed to Bishop Gulstan enabling
the latter as guardian to look after the
estate.
IT is claimed that the land is worh
5000, 000 The action now taken Is in the