The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-12-15
Of
old MAN
SUMNER
Lawyers for Heirs
File Their
! Brief.
THE MARIA DAVIS
AGREEMENT
Sumner Heard Again % His Side
OF the Now Famous
Controversy.

The other side of the Sumner family
troubles is told in the answer of the
three Ellis children filed in Circuit
Court on Saturday in the case of Bishop
Gulstan VS.. John K. Sumner ct al. The
grand nephews throw the blame for the
entire matter upon Summers sister,
Mrs. Maria S. Davis, and her son Wal
ly, and also include their attorneys in
an alleged scheme to rob the old man.
The answer is lengthy document
and is signed by Victoria Ellis Buffan-
deau, William S. Ellis and John S. Ellis.
The answer first sets out the circum-
stances under which the deed of trust
now held by the Bishop of Panopolis
was obtained, namely as a result of
proceedings brought to annul Gram
dall's power of attorney.
The answer then refers to the Oahu
Railway land deal and charges that
Maria S. Davis entered into a fraudu-
lent scheme and conspiracy with her
said son Wally Davis to extort a large
blocking said sale and by instituting
fresh proceedings to have him placed
under guardianship as an insane per-
son, and that in furtherance of said
fraudulent scheme and conspiracy and
for the purpose of blackmailing said
Sumner and of extorting a large sum
of money from him said Maria S. Da-
Wis filed a petition in Circuit Court to
have him declared insane.
1t is further set out that this agree
ment with the Oahu Railway was at
tackled, though it had been in existence
before the trust deed had been executed
and the defendants upon their belief
and information charge "that the said
attack was made for the purpose OF
disqualifying the Chief Justice of the
Supreme Court from participating If
the hearing of said cause in the event OF
preme Court of the Territory of Hawaii
| it being a fact well known to the sale
Maria S. Davis and Wally Davis thai
the said Chief Justice was and is the
! trustee under a certain mortgage Civ
! en- by said Oahu Railway to secure its
bondholders,' and did procure ane
cause to be served a, subpoena on the
! Honorable A. Perry, Associate Justice
of the Supreme Court of Hawaii, com
manding him to appear and testify as
| witness in said cause, it being wei
known to the said Maria S. Davis thai
said Perry could not testify to any com
petent, pertinent, material or relevant
| fact or facts in said case and these
| defendants charge and say upon lntor-
fmation and belief that said Perry was
summoned as aforesaid for the purpose
| and with the intent of disquallfylns
him from participating in the hearing
| of said last mentioned cause in the
! event of the same being appealed Il
| the Supreme Court of Hawaii, the in
tention, scheme, plan and purpose OF
the said Maria S. Davis, in so disquali-
! flying the said Chief Justice and the
said Associate Justice being to embar-
J EdSS, illuuSG anu u6idS the Iludi duJu
cation of said cause and to block anG
postpone the contamination of sale
agreement with said Oahu Railway and
Land Company. and to so annoy, worry
vex, inconvenience, plague, distress anc
! grieve the said Sumner, as to compe
him in sheer desperation to buy hi:
peace by paying to the said Maria S
| Davis a large sum of money!
| The answer further sets out that dur
! ing the trial of the second case 'saio
Sumner, worn out with the quips and
auiddits of lawyers, the strain of such
proceeding, and being utterly dis
| traught at the cruelty, heartlessness
! and avarice of his sister, the said Maria
! S. Davis, against the advice, counse
and entreaties of his own solicitors die
enter into agreement with the said
Maria s. Davis under and by the terms
of which he agreed to pay to her the
said Maria the sum of Fifteen Thou
sand Dollars, she agreeing TO discon-
tinue her said petition to have the said
Summer declared an insane person in
consideration of the payment of said
sum to her, and she and her said son
Wally Davis signing an agreement re-
leasing all claims against the estate
and property of said Sumner
The defendants further say that as