The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-08-07
INTERESTING PHASES OF
THE CONTESTED
HOLT WILL
CConsfnnsd frsm Page -

| Of their said father. Robert william,
| Holt, as oeneffciarieS under O certain
| agreement with the above named James
L. Holt, dated July LIST, A. d. 1897,
whereby their several interests are reg
| Uiated. or may be varied in value in
proportion to the future value of the
Interests which they Jointly and sew
orally conveyed to said James L. Holt
/ by the instrument of conveyance above
mentioned as being recorded in Liber
241, page ct seq.
| 8. And your petitioners further rep
recent 20 the Court that, at, and for a
ilong time prior to the dates whereon
| the said alleged last will and testament
/ and the codiciI thereto was and were
Iexecuted by said Robert William Holt
| to wit: for long time prior to and
upon the 18th day and S0th day of May,
A. d. 1852, said Robert William Holt
was of utterly unsound mind, and that
he had then become and was as a re-
suit Of age and dissipation, a mental
wreck, utterly unable and unfit to at
tend to or discharge ordinary or other
matters of business; and that he was
not then, or at or upon any or either of
said dates, possessed of sound or of
disposing mind or of a sound or of
disposing memory; and that he was |
not, at the date of the execution by him !
of said alleged last will and testament. |
or of the alleged codicH thereto, in a |
fit Gr proper or competent frame of /
mind or of memory to enable or to fit |
him TO make or to publish a will or
testament, or to comprehend or under
stand the terms OF any written docu-
ment.
10. And your petitioners in particu-
lar charge and allege that the said doc
uinent and documents SO as aforesaid
presented to, and admitted to probate
by the said Supreme Court, as and for
the last Will and testament of said Rob-
ert William Holt, and a codicil thereto, ]
We're not at the time when the same
was or were signed by said Robert
William Holt. nor when so presented J
or admitted to probate and are not I
how and never were or have been in r
law or in fact, the last will and testa- Y
nent or any viii or testament of said Z
Robert William Holt, nor the cOdicil t
nor any codicil to such last will and
testament of said Robert William Holt
but that the same was and were and :
S and are false and fabricated instru-
nents which We're imposed upon said t
Robert William Holt by designing per-
sons While he wax in condition of
mental incapacity to make or under
stand will. and when and while such T
condition of incapaeity was well known
% said designing persons. to wit:
James w. Austin, an attorney then Iiv-
ng and practicing in said Honolulu, I
IND by whom said will was drawn; and
aid William A. Aldrich, then the SON
n-law OF said Robert William Holt. T
md who subsequently was appointed
~ said Supreme Court to act as exc
,utor of said alleged last will and tes-
ament as aforesaid: and other persons
whose identity is not certainly known II
o your petitioners. la
III. That on the day succeeding the F
late Of said alleged last will and tesla 4
nent, to wit: May S0th. A. D. 1852, a
which was the day whereon the alleged in
odicn to said last will and testament "
vas dated-there was presented to said n
supreme Court by said James w. Aus II
In, acting or pretending to act in the II
Iame OF said Robert William Holt, a II
'etition purporting to be the petition al
& said Robert William Holt, wherein II
aid Robert William Holt purported to d,
llege that be was from age and other OF
nnrmfties, then Ito wit: on the date of CT
he alleged execution by him Of said n
lieged codiciI to said alleged WHY un- ci
bic TO attend to his business, and that %.
e was then totally incapable of man II
g1ng his own affairs and business, and re
hat on account Of his infirnities and
liability to attend to his business, his OF
am1ly might suffer. |Cs
Il. That on the same day that said
ast named petition was presented to W
AID supreme Court, said Court, by it's tn
rider therein, adjudged the said Robert
william Holt an incompetent, and pIac- q
d him under the guardianship of his II
hat said incompetency and guardian
hip of said Robert William Holt con- -
nued thence to the 9th day OF July. A. =
}. 1852, on which last mentioned date &
nd Robert William Holt died.
-. And your petitioners aIlege that
ley believe that no will OF testament
said Robert William Holt was ever
Necuted, other than said alleged will
nd codicil of May 1880, A. D. 1862; and
our petitioners believe and upon such
elicf they allege that said Robert b
lln, in said Kingdom.
wherefore your petitioners pray:
A That the order made and entered
! and by said Supreme Court in Pro-
ate, on said 2Gth day of July, A D.
62, Wherein and whereby said alleged e
ST Will and testament was ordered adj IS
lifted, and was admitted to probate 3
) the last will and testament of said
obert William Holt. may be revoked, s.
1nulled and cancelled. s
B. That the order and orders of said Is
lpreme Court thereafter made and en- 81
red in the matter of said estate IS
herein and whereby said William A IL
lorich was appointed and commission b
| as executor OF said alleged last win s.
10 testament, may be revoked an "a
Illed and cancelled. 81
g THAT tie subsequent and success
We orders made and entered bv sid +.
lpfeme Court in the matter Of tbe
I'd estate. wherein and whereby the b
lowing named persons, to wit: James 81
. Austin. and in succession to him. "a
ehfy thompson, and in succession to
m, said James w Austin and In zuc 81
ssion to him, A. Francis Judd ana in
secession TO him. A. J. CARTWRIGHT -
ID in succession to him Bruce C