The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-10-28
ABSORBED IN
HIS CHURCH
BishopGuIstanHas
No Time to Act
as Trustee.
GAVE SUMMER
CHECK FOR $4,000
Was Advised by Mssoon to Do so
and Permitted Cancellation
of Will.

Gulstan F. Ropert, trustee of John
K. Sumner, has filed a petition in the
circuit court to be allowed to resign
as such. The defendants in the action
are John K. Sumner, Victoria FL
lis Buffandeau, William S. Ellis,
John S. Ellis, Maria S. Davis. Wally
Davis, Right Rev. Gulstan F. Ropert,
bishop of Panopolis, and S. M. Damon
and S. E. Damon, doing business as
Bishop & Co.. bankers
The Bishop states that on or about
September II, 1898, a trust deed was
executed by John K. Summer defend
ant, to the petitioner, by which deed
certain property was conveyed to your
petitioner in trust. Immediately upon
execution of the deed, he entered upon
his duties as trustee. At the time OF
the acceptance of the trust the proper
ty of Sumner was in litigation, and he
desired to end the same and leave the
Hawaiian islands for protracted stay
on the island of Tahiti. The bishop
states he was requested to act as his
trustee, and the request was approved
by all the-relatives of Mr.. Sumner. In
order TO accommodate and assist Mr..
Sumner he consented. At the time of
the execution of the deed Mr.. Sumner
was the owner of valuable property in
the harbor of Honolulu, and had leas-
ed the same to the Oahu Railway Com
pany. giving the company the right to
ton of the lease for 100000. On Oc-
tober 10 the petitioner, with John Sum-
ner and others of the defendants, his
conveyed by instrument the
property to the Railway company for
$4,000, and part of the money was
divided among the said Victoria Ellis
Buffandeau, William Ellis, John Ellis
and Maria Davis, leaving balance in
his hands of $4,000, which it was I'M
derstood should be subject to the trust.
The bishop complains that the man
agement Of the trust property has
caused him a great deal of trouble and
perplexity. His time is wholly absorb
ed in the spiritual concerns of his
church, and he is unable to give the
time and attention necessary to the
proper management of a trust involv-
ing such a large amount of money.
He states further, that on or about
October 81, while he was deeply con-
cerned as to the management of the
money, John Sumner called upon him,
with his attorney, ]. A. Magoon, and
claimed to be entitled to take into his
own custody the 5000, and requested
that the same be turned over to him.
The bishop, acting under the impress
sion that the money was the property
of John K. Sumner, and that he was
entitled to it's custody and control, and
being so advised by Alfred j. iMagoon,
delivered to John K. Sumner his check
for the whole of the balance, and he
is informed that Sumner cashed the
check, and withdrew the sum of S46,-
600 from the First National Bank OF
Hawaii, where the same was on de-
post and subject to the bishops check
and transferred the same to the bank
ing house of Bishop & Co., and that at
the same time he handed to John Sum-
ner the viii referred to in the trust
deed. and Magoon cancelled the same
in writing.
The petitioner states that he 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 trust. He is informed that Bishop
& Co. will hold the $4,000 subject to
the action of the court. He therefore
prays that the court will accept his
resignation, release him from all liza
bility, and appoint some suitable per-
son under the provisions of the trust
deed, as trustee.
NO OPIUM IN CHAMBERLAIN's
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