The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-12-15
/ ESTATE
DECISION
Brown Upheld But
Injunction Is
Refused.

chief Justice Frear is the author Of
a unanimous opinion of the Supreme
Court, which reverses the decree of
Judge Gear granting an Injunction to
C. A. Brown against A. w Carter ct
AL, trustees of John Ii Estate, Ltd.
The gist of the decision is that the in
junction was premature, though the
contentious of Brown as to his position
and powers under the articles OF aSso-
citation are correct.
Among other things the court holds
that the former Mrs. Brown having.
while the wife of the plaintiff, signed
the conveyance to the corporation of
the interests of herself and minor chill
dren cannot now object to the legiti-
mate transa actions of the corporation.
Another point is that shortness of no
tice of corporation meeting which
was not objected to at the meeting
cannot now be pleaded to avoid any
thing done at such meeting.
The court declines to construe the ar
ticles of association and decide the
many fine points of law therein raised
by the plaintiff. The case Is remitted
! to the Circuit Judge with Instructions
to dismiss the bill for injunction and
| take such other proceedings as may
be proper not inconsistent with the
opinion now rendered.
The plaintiff is manager of the cor
poration, removable only by a two
thirds vote of the directors. Through
an attempted change of the bylaws
his fellow directors attempted to oust
him. To protect himself he brought
| the Injunction suit.
DRIVING SENATOR MORGAN.
Judge De Bolt heard without jury
the suit of James Carly VS.. b. T.
White. c. C. Biting for plaintiff; j.
A. Magoon for defendant. 1t was a
| suit for $11.91 for board of horses, to
which defendant offered a set-off ac-
count for use of horses and vehicles,
refreshments for man and beasts, bal
ance on sale of horse and personal SER
vices amounting to sl10. The bill in
cludes charges for driN ing the members
of the Hawaiian Commission. especial
ly Senator Morgan, while here prepar-
ing to frame the Organic Act of the
Territory of Hawaii.
The late District Magistrate w. L.
Wilcox gave judgment for defendant,
White, for S2.09, attorneys commission
of 20 cents and costs of $3.50, making
total of S579, from which plaintiff,
Carty, appealed. Judge De Bolt now
renders judgment allowing DEFENDANTS
counter claim up to and not exceeding
the sum OF PLAINTIFFS claim, $77.91. Mr.
Magoon waving the excessive amount
of his clients set-off. Mr.. Biting notes
an exception and gives notice of mo-
tion for new trial.
JJ0T GAGE,
In the matter of the estate of Robert
William Holt, deceased a brief on be-
half of appellant Helen A. Holt in
dividually and as guardian of the mi
nor children of James r. Holt, de-
ceased, has been filed in the Supreme
Court on the appeal from Judge Gear
Mt chambers. 1t is set forth that the
Circuit Judge erred in refusing to
admit in evidence the letters of ad-
ministration to Bruce Cartwright; that
Notwithstanding such refusal, the let
ters were before him as part of the rec
ord and no formal proffer of them
was necessary to bring them within
his judicial knowledge; that the Judge
erred in taking any action based on the
ground that a court of probate has no
jurisdiction over trust matters: that
even IL there is such a distinctive ju-
dicial tribunal in this Territory as
probate court, as such, the Judge erred
in holding that by the common law
such court had no jurisdiction over
trust matters, because the common law
is not now in force in this Territory
except in so far as 1t does not conflict
with the practice fixed by Hawaiian
judicial precedent or established by
Hawaiian usage, and 1t Is n matter
within judicial knowledge that Ha-
tablished the usage and practice of
sanctioning the jurisdiction OF a Judge
OF probate over trust matters: and,
finally, that If 1t be found that the ap-
pointment of either Bruce Cartwright or
Henry Smith is valid, the appointment
OF Carlos A. Long Is void.
COURT NOTES.
L. L. McCandless VS.. Honolulu Plan
tation Co. and Woodlawn Fruit Co.,
ejectment is continued by stipulation
to the April term of the First Circuit
Court
Judge De Bolt overruled the demur-
rer in the Oriental Life Insurance Co.
VS.. Wee Shing and allowed the de-
fendant ten days in which to answer.
Judge Gear heard the motion to dis
miss the suit of Mr. and Mrs Junius
Kaae, contesting the will OF Keliiaho-
nui, and gave defendants ten days to
file briefs.