The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-15

which there are two widows, neither OF
whom has put in a claim for the prop
erty. was the novel case before Judge
Robinson yesterday morning when the
will of Lum Tuck Joe was offered Tor
probate. The deceased was manager
of the store OF Wo Hop Kee at Eva
plantation, and owned a half interest
in it. He was possessed also at the
time of his death Of so shares OF EVA
plantation, 20 shares of Hawaiian Gem |
etery Co. stock, two promissory notes
of $500 and a $4,000 life insurance policy
in the Sun Assurance Co. of Canada.
Joe made will just before his death
on Nav End and the translation of this
document was offered for probate by
J6dge Stanley yesterday morning.
This document, while providing an
executor, made no disposition OF the
property, and left the heirs as much in
tbe dark as ever. The translation of
the will follows:
II. Lurn Tuck Joe this is my last will
and testament, do hereby appoint Lop
chez as nv executor and administrator
for all my properties. business and all
money accounts, and have full power 10
transact all my business and to give
receipts of money received owing that
at present 1 have been serious illness
and no hope of recovery.
"(Signed) LUM IOoh- JoE'
Neither of the widows of the de-
ceased put in an appearance in court.
Mr.. Stanley representing Lop Chee.
who was designated as executor Wheh
| the latter was put on the stand yesteI-
nal
the antecedents of his former partner
WAS Lum Tuck Joe married. the
| Court asked the witness.
Yes" was the response. >
"Who to-"
Lee Shee and Leong Shee." the wit
| ness replied, as If it was quite the thihS
f., 10 have two wives.
| Further questioning developed the
| fact that Lee Shee was wife No. /, and
that she had been living in harmony
with wife No. , for several years, ana
| there was no dispute between the VIC
| ows as to who the property shali go TO.
| There is some question in the minds OF
i the Court and attorney. however, Tor
/ there are also four children 10 be con-
j sidered If each widow is given her
Il one-third dover share as provided py
/ law, there VIII be very little OF the es-
\ tate left AS long as neither OF the
widows appears anxious TO contest the
4 claim of the other. there is not likely
i to be much difficulty in disposlng Oh the
| $4,000 estate.
/ Ium Lop Chez was appointed admin
istrator upon giving bond OF $tO0O, ana
Lee Cheung. Gnu Gem ana wong ohoW
! were appointed to appraise the estate,
GEAR FAILED TO COME.
| The failure of Judge Gear to return
| from his vacation on Hawaii on sun
| dav is likely to cause considerable m
! convenience in court On the day he
/ left with Davis and Parker Tor TWO
weeks vacation, Judge Gear granted
] a writ of habeas corpus to Donlngls
| fEerreira, whom he had once before re
/ LEASED from prison Being in hurry
| the Court allowed Ferreira TO go upon
| giving bond in the sum of $4,000, ana
| he has since been at liberty. Inc case
was set for hearing this morning put
| the failure Of Gear Co return VII OF
| course knock out the entire proceeding.
The matter will probably be brought
,1p this morning before one of the other
| Circuit Judges. and Ferreira Will either
get his zine extended or will have TO
go to Jail pending the return OF the
| third judge
FITCH GETS HIS MONEY.
| Tom Fitch was allowed the monies
advanced by him to Kalua kapuklni'
| the spentfthrift, -byt~~Judge Robinson
yesterday, though he is still whistling
for the $500 fee which he advanced
8
| George Davis in a moment of unusual
kincliness.
I J. Alfred Magoon, the guardian Oh
| Kalua Kapukini, opposed Fitch mo-
ton for the allowance OF 1886 which ne
had given to the spendthrift ward
while she was attempting to get cut OF
his clutches and the suit was pending
in the courts Magoon, in resisting the
motion, told Judge Robinson that the
property of Kalua had decreased SO
49,, TTyn
that it barely paid the small allowance
he made to. her for her maintenance,
and if Fitch's demand was allowed by
the court the principal must be drawn
upon to pay it. He stated also that
the property Of the estate had deterlor-
ated in value by reason of its oeing
| tied UP while Kalua's case was IN
| court and that he was unable to dis
pose of it or lease it again. F1tch had
| made demands upon Magoon for money
for the expenses of kalua when ne
| brought the suit to terminate the trust
but Magoon considered the demands
excessive and refused to accede 10
/ them. as ii was double his usual al
lowance. Fitch then made the advances
on his own account. and Magoon argu-
ed that he had taken chances in doing
50. and could not now hold the estate
responsible He argued that 1t was PAD
practice to allow any ward or minor
to attempt to secure their freedom
/ in such a manner and that it was a
| pernicious thing TO allow actions OF
this kind which got the ward into DEBT
If it was encouraged he thought the
courts would soon be filed with sim
liar actions and the guardians would
have their hands full. Col. Fitch re-
torted that he didn't think there were
many guardians like Magoon.
Judge Robinson held that the charges
We're just, that the money had been
no i'm
tenance at a time when she could not
call upon her guardian for support.
land that as no objection was made
to the claim itself, but only TO the prac-
tice OF making such allowances he
would charge the estate with $4S6, the
amount advanced by Col. Fitch. Mr..
Magoon said that while he would not
take an appeal, he wanted 10 be on