The Hawaiian gazette., 1903-07-28
ESTATE OF
R. ". HOLT
Suit of CoIburn to
Obtain the
Control.

John II. ColDurn s suit 10 nave carlos
A. Long appointed administrator with
the will annexed of the estate of the
late r. w. Holt was again before Judge
Gear, who had declined to surrender
Jurisdiction, yesterday. C. w. Ashford
and Ella A. C. Long appeared for plain
tiff; Robertson G. Wilder for the grand
children-William, Christopher, George
and Edward Holt, and Mrs. Vivian
Richardson-and heirs-at-law of the
late owen J. Holt; Frank Andrade for
Mrs. Kentwell. another of the same
family; Holmes & Stanley for Bruce
Cartwright, and Hatch & Ballou for
Henry Smith, trustee and successor to
Cartwright.
Plaintiff contends that Cartwright's
appointment with the will annexed was
void also the subsequent appointment
of Henry Smith.
Cartwrights counsel claim first that
his appointment is still in force and,
secondly, that he made an attempt to
resign which was not successful. Coun-
sci for the heirs are Indifferent, tech
nically speaking, on that point, for IL
the Court should hold that Cartwright's
resignation took effect they will fall
back on the validity of Henry Smiths
appointment as his successor.
The contention of plaintiff is that
Cartwrights appointment was defec-
tive in that his application was to be
appointed trustee, and that the court
had no jurisdiction to appoint him as
trustee. 1t is claimed that the admin
istration was never completed in prop
err shape.
Judge Gear refused to recognize
Hatch & Ballou on the ground that
Henry Smith was not before the Court
in this proceeding. He continued the
hearing until Monday next, taking I'M
der advisement in the meantime the
admissibility of Bruce Cartwrights let
tiers of administration.
HOLT CASE AGAIN.
The resignation of Bruce Cartwright
as administrator of the estate of Robert
w. Holt, deceased, with a petition for
the appointment of n successor, came
before Judge De Bolt. S. NJ. Ballou
asked that the matter stand over until
Friday next and later asked leave to
withdraw as counsel for Cartwright
noting at the same time his appearance
for Henry Smith, trustee. c. w. Ash
ford, appearing for John F.. Colburn,
objected to any proceedings that might
be had before the court. The hearing
was continued until Friday.
PROBATE MATTERS.
Judge De Bolt has approved the first
semi-annual report of William Pfoten-
hauer and Herman Schultze, executors
Of the estate of Otto Ernst Isenberg,
deceased, and confirmed the masters
report thereon by Henry Smith.
Geo. r. Carter, guardian of the
O'Sullvan minors, was granted permis-
sion by Judge De Bolt to mortgage
real estate of the wards.
Judge De Bolt ordered temporary let
tiers of administration on the estate of
William Luther Wilcox to issue to w.
o. Smith under a bond of $4,000.
Judge De Bolt holds he Is disqualified
to hear the final accounts Of the estate
of John Hopp, therefore assigns the
matter to Judge Gear and continues it
for four weeks.
DISTRICT COURT APPEALS.
E. S. Cunha has appealed. under the
Fourteenth Amendment of the Consti-
tuition of the United States, from his
sentence by District Magistrate Dickey
to pay a fine of $25 and costs for violat-
ing Act 4 of 1901 by permitting minor
to remain in room of the Union saloon
where intoxicating liquors were sold.
Myamoto has appealed to the Circuit
Court from sentence by District Magis-
trate Dickey of Imprisonment ten days
and payment of costs for being found at
night on the premises OF another with
out permission.
Goto has appealed from District Mag
istrate Dickey in sentencing him to pay
a fine of $500 for selling spirituous
liquor without license.
COURT NOTES.
Judge Gear has signed decree car
rying out the partition recommended by
Christopher j. Willis, commissioner in
the suit of Caroline Haughton VS.. Percy
X. Mossman and others.
In the damage suit of VIM. r. Riley
VS.. Metropolitan Meat Co., defendant
moves to quash summons on the ground
that it is not made returnable at any
term OF the First Circuit Court.
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