The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-10-27
SUMNER AFTER
HIS OWN MONEY
WANTS TO GET HIS SHARE OF
THE 100000 SECURED FROM
OAHU RAILWAY COMPANY.

John *. Sumner is to have a new
trustee if a petition filed this morning
by Z. McCants Stewart for Bishop Gull
stan is granted by the Circuit Court.
lit appears that the old man has start
ed out to handle his share of the $780,
600 secured from the Oahu Railway
Company and he has switched attor-
neys. Two weeks ago he was repre-
scented by Fitch and Highton, while
Magoon and Davis were trying to show
that he was mentally incompetent.
Since he got clear of that proposition
he has gone over to the enemy and
now Magoon is his adviser. The Bish-
op says that the trusteeship is too
much worry for him, and he asks the
court to allow him to withdraw, for
reasons set forth as follows:
THAT at the time your petitioner ac-
cepted said trust the property of said
John X. Sumner was involved in liti-
cation, and said John X. Sumner de-
sired to end the same, and to leave the
Hawaiian Islands for a protracted stay
on the sIland of Tahiti; that your pc
ttioner was requested by said John *.
Sumner to act as his trustee, and said
request was approved by all the rela-
tives of said John X. Sumner then re-
siding in the Hawaiian Islands; that in
order to accommodate and assist the
said John X. Sumner your petitioner
consented to act as such trustee, and
said John X. Sumner thereupon eNecut-
| ed the said deed of trust and delivered
| the same to your petitioner and your
| petitioner has acted hereunder without
any charge or compensation whatever.
THAT at the time of the execution of
said trust deed, John X. Sumner was
the owner of a valuable property in the
Harbor of Honolulu; that prior to the
execution of said deed he had, by a
certain paper writing under seal, leased
said property to the Oahu Railway and
Land Company Limited, a domestic
corporation, giving the said company,
in said lease the right to purchase the
same before the expiration of said lease
for the sum of one Hundred Thousand
dollars.
That on or about the 18th day of Oc-
tOber, 1902, your petitioner, and said
John *. Sumner, said Victoria Ellis
Buffundeau, William S. Ellis, John S.
Ellis, Maria s. Davis and Wally Davis,
conveyed by instrument in writing un-
der seal said property to said Railway
Company for the sum of-one hundred
and ten thousand dollars; and thereat-
ter by mutual agreement a portion OF
said sum of money was divided among
the said Victoria Ellis Buffundeau, Will
liam $. Ellis, John S. Ellis and Maria S.
Davis, leaving a balance in your petit
toner's hands of Forty-eight thousand
dollars, which it was understood and
agreed should be subject to the trust in
said deed mentioned.
That the management of said trust
property has caused your petitioner
great amount of trouble and perpleXity.
THAT your petitioners time is wholly
absorbed in the spiritual concerns of
his church and your petitioner is unable
a DiN ia ~ n
to the proper management of a trust
involving such a large sum of money,
as the said balance of $4,000 above re-
ferred to-
THAT on or about the 2lst day of Oc-
tober, present month, and while your
petitioner was deeply concerned as to
the investment and management of said
sum of money, said John X. Sumner
called upon him with his attorney j.
Alfred Magoon Esq, and claimed to be
entitled to take into his own custody
said sum of money and requested that
the same be turned over to him; that
your petitioner, acting under the inn
preston that the said sum of money
was the property of said John X. Sum-
ner, and that he was entitled to its Gus
tOdy and control, and being so advised
by said j. Alfred Magoon, Esq, deliver
ed to- said John X. Sumner your petl-
toner's check for the whole of said
balance, and your petitioner in inforIn-
ed and believes that said John X. Sum
ner cashed your petitioners check, and
withdrew the said sum of $4,000 from
the First National Bank of Hawaii
where the same was on deposit, and
subject to your petitioners checks, and
transferred the same to the banking
house of Bishop and Company; that
al the same time your petitioner hand
ed to said John X. Sumner the VIII re-
ferred to in said trust deed, and said j.
Alfred Magoon Esq, cancelled the same
in writing.
THAT your petitioner is Bishop of the
Catholic Church within the Territory
of Hawaii, and greatly desires to have
his mind freed from such temporal
cares as are involved in the manage
ment of the said trust