The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-08-06
IN
HOLT CASE
SUPREME COURT RECORDS OF
TESTIMONY OF FORTY
YEARS AGO.
SOME SURVIVORS MAY ADD FUR.
THEIR EVIDENCE.
Charles r. Bishop one of the witnesses.
Evidence For and Against the Old
win.

VIII.
The petition filed yesterday in the
Circuit Court to set aside the will Of
Robert William Holt, probated in 1862.
opens case in which some of the old
est records of the Supreme Court of the
Kingdom Of Hawaii play an important
part. There were no typewriters for
court records when the case was heard
before Supreme Justice G.. M. Robert
son, and the records of the clerk, writ
| ten with pen and ink, are on paper that
Is turning yellow with age, though the
ink remains clear.
There are two distinct proceedings re-
garding the dead man whose condition
| at the time when he made signed q will
/ forty years ago has suddenly become
| a matter of court inquiry. The proof of
| the will was by witnesses whose names
| are among the best known of the Old
| days in Honolulu, and the witnesses
sWore that when Holt signed the doGu-
ment he appeared to understand it, and
to approve of It's contents. 1t was sign
I ed by Holt with a very weak and
/ trembling hand.
On the next day in the Supreme
Court, witnesses swOre that Holt was
| incompetent, and a petition was filed
| In which he declared himself incOmpe-
tent, by reason OF age and "infirmities,"
while some of the witnesses indica ted
that the condition which made a guar
! dian necessary had lasted for some
| time.
The will of Robert William Holt. ad-
mitted to probate on July 26, 1892, after
the usual proceedings according to the
practice of the period, left to his widow
$500 per year, in quarterly installments,
and divided the rest of his estate
among his four children, in the form
of trust. They were to receive the in
come during their lives, and the proper
ty was to pass to their heirs after
wards. The children were John D.
Holt Owen j. Holt and James r. Holt
and Mrs Aldrich. A codicil eft $500 to
the Queens Hospital. William A. Aid
rich was made executor. John ID. Holt
and James r. Holt are surviving
petitioners.
There was little opposition to the pro-
batting of the will, all those present in
the Supreme Court when Justice Rob-
ertson heard the matter, with one eX-
ceptiOn, declaring themselves satisfied.
Charles r. Bishop, who is still living, in
San Francisco, was the first witness
sworn He sWore that he was present
when Holt made the will, and that he
knew that Holt made the will. Bishop
said:
The will was made at the house of
James Robinson q Co., in the dining
room of Mr. RObnsOns house. This
paper now presented to me is the will
that l saw made. The deceased execut-
ed the will and codicil in my presence.
He wrote his name with his own hand.
His hand at the time was very sore and
had cloths upon 1t. Robert Lawrence
and James W. Austin were present at
the signing of the will. Mr..
Holt understood the nature of the will,
| think. The will was read over and
explained to him in the presence OF the
witnesses and he appeared to under
stand it, He seeTled to understand the
will perfectly and seemed competent to
do what he had done"
James w. Austin, attorney. swore
that he drew up the will for Holt, at his
request: He said that the will was
such a one as he wished. He signed
the will in the presence of myself, c.
r. Bishop and Robert Lawrence. i saw
him add codicil on the following day.
Although not of strong mind he seemed
perfectly to understand the contents Of
the will. and competent to make it, l
judge from his having asked me few
days after if he had not done right in
making the will as he had. without my
attending to the subject at all, that he
understood fully its purpOrt."
Robert Lawrence was also sworn. He
referred to HoltS sore hand and said
that it explained the bad signature.
The will was read over to the deceas-
ed by Mr.. Austin" said Lawrence He
appeared to understand 1t and said he
liked it"
James Holt Objects to the viii be-
cause the property is left in the hands
of trustee" says the minutes OF the
clerk of the court. G. w. Brown, but
does not object to the division of the
estate" John Holt asked the court TO
explain the will and then said he had
no objection to the division of the prop
erty. Owen Holt said ne was satisfied.
Mrs. Holt the widow, said she was
satisfied Aldrict said he was willing
to act az executor, as provided in the
will, and TIE court considered the will
proven and appointed him, under $50, 900
bonds. He at once qualified, with HIM
self and c. r. Bishop as sureties.
The inventory showed that Holt left
a personal estate valued at 500, AGA. 81.
The largest item was cash from the
firm of James Robinson & Company,
$40, 7S6,5t. The sum OF S37,5I5 was rep
resented by notes.
The files of the Supreme and Circuit
Courts since 1862 contain large bum
die Of documents of the estate which
has been administered without opposi-
tion ever since. There are numerous
reports of trustees and orders OF the
different courts. Considerable proper
ty, both real and personal, has been
| transferred by the trustees of the es-
tate, and an order revOking all pas
appointments of trustees might affect
somc titles,
CONTINUED on page two)