The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-11-22
II ESTATE CASE
FINALLY DECIDED

A unanimous opinion of the Supreme
Court, written by Chief Justice Frear,
was filed yesterday in the equity suit
of George Ii Brown and Francis Hyde
Brown, minors, by their next friend,
Albert F. Judd, VS.. Charles A. Brown,
John A. Magoon and Irene Ii Holloway.
Judge Gears decision sustaining the
demurrer and dismissing the bill is
affirmed, and the case renaanded to
him. A. S. HartwelI appeared for
plaintiff; Hatch & Sillinan and T. I.
Dillon for Brown and Magoon; Rob-
ertson & Wilder for Mrs. Holloway.
The bill was to declare a trust and
for other relief. c. A. Brown and Irene
Ii Holloway, who We're formerly hus-
band and wife and are the parents of
the plaintiffs, conveyed certain lands
claimed to have come to the wife under
her fathers will to trustee to convey
the same to a corporation to be formed
John Ii Estate, Ltd.). The corporation
was formed and the property conveyed
to it. One-third of it's capital stock is
held by Mrs. Holloway in the name of
A. w. Carter, one-third by Carter as
trustee for the plaintiffs and the re-
naming third by Brown except as to
one share, held for him by Magoon. A
decision of the Supreme Court, before
the conveyances were made, held that
Irene owned the property in fee,
against contention that she had only
a life estate therein.
The petitioners held that the Supreme
Court decision was void for want of
jurisdiction, it being contended that the
sitting of two substitute Justices on
the case was unconstitutional. They
prayed that the defendants be required
to assign the stock held by them to a
trustee in trust to pay the income of
500 shares thereof to said Irene for life
and of another 500 shares to the said
Brown for the life of the said Irene,
and at her death to assign all of the
said shares to the plaintiffs absolutely.
Defendants demurred to both the
original and an amended bill. both of
which the Circuit Judge sustained and
from his ruling plaintiffs appealed.
The Supreme Court decides against the
appeal on all points.
Court Notes.
Junius kaaes motion to set for trial
his contest of the will of Kealiiahonui,
probated about half a century ago, will
be heard tomorrow morning At the
same time Mrs. Haalelea's motion to
dismiss Kaae's petition will be heard.
The Christian marriage case went
over from Friday till Monday and is
expected to occupy the greater part of
a week.
Judge De Bolt appointed George E.
Rugg as administrator of the estate of
Chester Merrill Rugg, deceased, under
$4,000 bond, which was forthwith fur
nished with William j. Forbes as sure
ty.
Judge De Bolt granted a divorce to
Ann Perry against Antoine Perry on
the ground of extreme cruelty and
awarded the custody of the children
to the mother c. W. Ashford appeared
for libellant, the libellee making no ap-
pearance.
Satisfaction of judgment has been
filed in the suit of Sophia II. Kahale
aahu VS.. Manuel S. Pereira.
Joinder in demurrer has been filed in
the case of Wilmerding Co. VS..
Lawrence H. Dee.
In the case of Joseph o. Carter VS..
koolau Kafkainahaole ct al, Judge De
Bolt denied defendants motion to
quash service on the guardian ad Item
of the minors, Mrs. Kaikainahaole, and
gave her ten days within which to an
swer. Kinney, McClanahan & Cooper
for plaintiff; c. W. Ashford and H. E.
Highton for defendants.