The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-07-28
.SPENDTHRIFT
CASE REOPENED
ANOTHER SENSATIONAL MOVE III
THE REBECCA PANEE
MATTER.
HOW SHE WAS INDUCED TO SIGN
A DEED
Judge Gear, Attorney DAVIS and Or.
Wayson Met With Her When Her
Attorney Fitch Was Ill.

, Attorney Fitch Was Ill.
/ Col. Tom Fitch this morning made
another effort to reopen the Rebecca
Panee spendthriTt trust case, fling in
the Supreme Court an attidaViC in
which sensational statements are made
as to the reasons why Becky Bishop
signed the trust deed to DIR. Wayson,
just after she was declared free from
the trust by Judge Gear. 1t was on
account of this deed, made immediate
ly on regaining her freedom, that the
Supreme Court largely based its Geci-
sion reversing Gear in the matter. The
Supreme justices said that the deed
itself, the first act of Becky after her
release, showed that she was not COM
petent to manage her own affairs, and
a decision was handed down re-estab-
fishing the trust with j. A. MagooE as
guardian.
The affidavit filed this morning con-
tains the sworn statement of Rebecca
Panee that Judge Gear was present in
/ the office of Attorney. George A. Davis
when the deed was signed, and that 1t
was his presence and language that
persuaded her that it was TO her in
terest to sign the document. She was
imposed upon by being induced to sign
a deed essentially different from the
one she thought she was signing, says
Becky. The affidavit is in part as fol-
| lows:
That after her discharge by the First
Circuit Court from the spendthrift
guardianship herein, she was desirous
of conveying her property in trust so
| that the lots on Maunakea street now
producing, clear of taxes, a rental of
! One Hundred dollars month, ar1 SO
/ leased as to produce a rental of One
hundred and twenty five dollars
month after 1905. could never be sold
or mortgaged during--the lifetime of
deponent either by deponent herself
or any trustee, and so that the net in
come thereof could be enjoyed during
her lifetime and after her death to go
to such person or persons as she might
designate by will,
DepOncnt was further desirous that
| enough of the notes and mortgages
belonging to her should be collected or
sold at not less than par, to purchase
and furnish a home for deponent, and
| that the balance of her property, after
paying her just debts, should be sold
or collected and invested and re-invest-
ed by such trustee, who should pay
deponent the income thereof during
her lifetime and reserve the principal
the MaunalSea street lots.
Deponent says that her attorney, Mr.
Thomas Fitch, prepared a draft of a
trust deed embodying the foregoing
points and providing a lump sum of
One hundred dollars rs compensa ton
to such trustee, and five per cent COM
mission on collections and requiring
such trustee 20 give bonds in the sum
of Five thousand dollars.
Deponent says that she consented
that DR.. James T. Wayson should act
as such trustee, and that after exam
lining said draft Of said trust deed DR..
James I. Wayson agreed to act as
trustee and provide the bonds requir-
ed, as evidenced by letter from DR.,
Wayson to deponent, the Original Of
which is annexed hereto marked EX-
hibit "A"
Deponent says that day or two af-
terwards and after Geponent's dis
charge as a spendthrift and while Mr.,
Fitch had such draft of said trust deed
for engrossment, he was taken i'll and
confined to his bed at the Moana Ho-
tel for several days with rheumatic
: gout. Deponent says that while Mr..
Fitch was i'll and on the 25th day of
February, 1902, she received a note
! from DR.. Wayson, the original of
: which is annexed hereto, marked EX-
hibit "B." Deponent says that in COM
5 pliance with the request of said note
she went to the office OF Mr.. George A.
Davis and found there DIR. Wayson,
) Judge George d. Gear and Mr.. George
A. Davis. Deponent says that she has
/ since been informed that the presence
of Judge Gear at that time and place
was accidental but at the time she be-
lieved and was, from all the circum-
-
DIR. Wayson and from the language OF
T DR.. Wayson's note (EXhiblt "B,") JUS
l titled in believing that Judge Gear was
there to advise deponent as TO her in
4, terests and duties in the premises. De-
punent says that she was urged to sign
and acknowledge at once a trust deed,
a duplicate original of which is annex
. ed hereto marked Exhibit &C." De-
ponent says that she objected at the
time to signing it without first con-
suting her attorney Mr.. Fitch but
she was informed then and there by
those present that Mr.. Fitch was con-
fined to his bed and unable to be pres
ent, that the trust deed presented to
her for signature was the same as the
one he had prepared and that her in
terests required that she sign and ac-
knowledge 1t at once.
Deponent says, believing their state
ments and having confidence and faith
in Dr. Wayson, and believing from the
presence and language of Judge Gear
that 1t was to her interests to execute
the deed, she did so.
Deponent further says that on the
9th of February 1902, Mr.. Fitch hav-
ing that morning been able to come
down to his office. she went there and
informed him OF what had been done
and gave him the duplicate original
! (Exhibit "CD. That he then informed
her that the deed she had executed
was essentially different from the one
that he had prepared that 1t gave to