Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-05-08
Still A SpENDTAR|FI
.KALUA KAPUKINI MUST
REMAIN IN GUARDIANSHIP
Supreme Court ReverSeS Judge Llttle'S
Decree Jury Finds 0rtez Gull
ty Of Larceny Second
Degree.

The Supreme Court rendered deci-
sion yesterday afternoon reversing the
decree of Judge Little, while temper
arily officiating in Honolulu, in the
matter of Kalua Kapukini, a spend.
thrift In the syllabus 1t is stated:
"a Circuit Judge, sitting in probate,
rendered decree terminating a spend
thrift trust and discharging the guar
dian on the ground that the same was
no longer necessary. II was made to
appear, on appeal that on the same
day the decree was entered the ward
executed trust deed conveying heI
entire estate to trustee and directing
| that one-fifth of the amount thereof
| be paid to one Of her attorneys as a
! fee. The Supreme Court has held that
such trust deed may be considered,
when properly presented. by the APP
pellatc Court, and that in this case the
deed together with the other evidence,
shows conclusively that the decree APP
I pealed from is erroneous"
| kapukini filed her petition in the
, Probate Court setting out that she be-
leved she was capable Of managing her
own estate and affairs. and prayed that
the spendthrifht trust be terminated
and the guardian discharged. The
Judge found for the petitioner and or.
dered the guardian discharged. He or
dered that George A. Davis be paid out
of the estate $3.50 for his fee and the
same for Magoon. The guardian APP
pealed. The decree was filed October
I, 1901. at $40 p. m. The trust deed
was acknowledged on the same day
one hour and twenty minutes later. BY
this deed Kalua, in consideration Of 81,
conveyed to William 5. Fleming. as
trustee. all her property. He was to
pay to Thomas Fitch 20 per cent of the
gross value of all the property that had
been released by her by the decree ter
minating the spendthrift trust. The
/. supreme Court concludes its decision,
written by Justice Galbraith, thus:
This trust deed is an eloquent wit
ness against the petitioner. II is .
confession on the part of Kalua, II not
a conclusive demonstration of error in
the finding of the trial Judge. t. e.. that
the guardianship of Kalua's property
was no longer necessary. The even.
ing of the day that she is found com.
pctent to manage and control her own
property and within two hours after
the decree is filed, she conveys all OF
her estate to a trustee and gives one
fifth of the gross amount thereof to
one of her attorneys as a fee. This
trust deed and its generous distribu-
ton OF the wards inheritance Is not q
pleasant subject of contemplation In
, connection with the estate of one who
for years past has been under the pro-
lection of the court. The appeal is sus-
tanned and the decree reversed and the
, cause remanded to the Probate Court
with direction to dismiss the petition
and for such further proceedings as
may be necessary"
Judge Perry, in his cOncurring opin-
ion. says that the evidence adduced al
/ the trial does not show that the ward
has reformed in respect to her habits
as to excessive drinking or that the
guardianship is no longer necessary
He says that the trust deed episode Il
sufficient cause for continuance OF thu
5 guardianship.
@ The first jury drawn before Judge
0 Robinson found a verdict of guilty
|. against Ortez, charged with larceny
. second degree. Ortez Is Porto Ricar
who stole s25. pair OF boots, pair o
speCtacles and other articles from tn,
/ house of Mrs. Shaw. His accomplic,
l. was witness for the prosecution.
G Brief for the stockholders in the Ka
malo case was filed yesterday after
9 noon with Chief Justice Frear by HATED
4 Silliman.
. Juror l.. ID. Timmons came int,
court yesterday afternoon with salts
IS factory explanation of his absence II
r the morning. Judge Robinson warne,
h. jurors in general that in case any on
of them could not be present, a mes
sage of some nature should reach tn
judge promptly so as not to keep tn
court waiting.
-.