The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-08-25
MORE HOLT
LITIGATION
Bruce Cartwright
and n. Smith
Cited.

Another move was made yesterday
in the controversy over the estate OF
Robert William Holt, whose last will
was admitted to probate more tnan
forty years ago.
Carlos a. Long, represented ~ his
attorneys, c. W. Ashford and Ella A.
c. Long, sued out an order to show
cause, or alternative writ Of manda-
mus, against Bruce Cartwright aud
Henry Smith. who are acting respec-
lively as administrator and trustee OF
the estate. Judge Gear signed the o.
der, which is made returnable before
him at 10 o'cock a. IN on Monday,
August 81.
1T is ordered the writ runs that
said Bruce Cartwright and Henry
Smith and each of them do forthwith
desist, and hereafter wholly refrain
from acting or claiming or pretending
to act as, and from claiming or pre-
tending to be either the administrator
with the will annexed of the estate of
said Robert William Holt, or the trus-
tee under the will of said Robert Will
liam Holt, and that they and each of
them do desist and refrain from as
Stunning or pretending to act for or
on behalf of said estate in anv repre-
sentative capacity whatsoever; and
that they and each of them do forth
with transfer and deliver to said Car
los A. Long, administrator de- bonis
non with the will annexed of said &C.
tate, all and singular the securities.
papers, moneys, lands, property and
effects which at the date of service
upon them of this order shall be IN
or under their or either of their pos
session, custody or control"
In the alternative, they are ordered
to show cause at the time already
stated why they and each Of then.
should not be further and peremptori
ly ordered, commanded and compelled,
under appropriate penalties for any
disobedience of such order" to do the
things mentioned in the former part
of the order and, further, ito forth
with transfer, pass over and deliver
into the custody and control of said
petitioner, all and singular tn. secu-
rites. papers, moneys, property and
effects which belong or in anywise per-
tain to the estate aforesaid, which
they, the said Bruce Cartwright and
Henry Smith. or either of them now
have, or at the date of such order shall
have, in their or either of their pos
session, custody or control"
The petition of Carlos A. Long makes
allegations as condensed below.
He claims to have been duly ap-
pointed, qualified and commissioned
as administrator de bonis non with the
VIII annexed of the estate on July
30, 1903. His immediate predecessor
was Alexander j. Cartwright, who de-
ceased in the month of July, 1892. and
had no successor appointed by any
court until the appointment of the
petitioner Upon the death of sale
Cartwright his son, Bruce Cartwright,
assumed the administration of the
estate and periodically rendered the
Circuit Ccourt certain statements of
account of his administration.
1t is stated that Bruce Cartwright
acted as such administrator by virtue
of commission issued to him entirely
without authority of law by Henry
Smith, purporting to act in the matter
as clerk of the Supreme Court, but
that he acted entirely of his own per-
sonal volition without the authority of
the Supreme Court or any other legal
authority.
Bruce Cartwright is there charged
with being careless and negligent in
his administration, more particularly
that for three or more years preceding
1900 he failed to make returns of the
property to the Government for tax
alton, the consequence being that cer-
tain Of the lands were assessed excess
sively high without the right of ap-
peal.
Then 1t is charged that while Bruce
Cartwright was administering the es-
tate certain of the heirs at law of