The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-11-24
AN ANCIENT
WILL CASE
It Was Contested
Sundry Times
Before.

Junius kaae is attempting to break
the will of Kealiiahonui, which was ad-
mitted to probate on February Is. 1855.
or more than As years ago. The JUS
tees of the Supreme Court who passed
upon the matter then We're l.. Andrews
and G. M. Robertson. In 1866 the late
Justice Robertson, father of Attorney
A. G. M. Robertson, heard and decided
against n petition for revocation of the
will brought by Kapiolani, David Kala-
kaua and others for revocation of Ke-
aliiahonui's will. A. +. Judd. the late
Chief Justice, was counsel for petition
ers, while Messrs. Harris and Austin,
afterward of the Supreme Court bench,
were counsel for Mrs. Haalelea. The
late Justice l.. McCully was then clerk
of court.
! In 1890 the will was again contested
and plea in bar was sustained by the
late Justice Bickerton. whose decision
was affirmed in Supreme Court opin-
! ion signed by l.. McCully, Richard +.
Justice Judd was disqualified from his
former appearance.
Hatch & Ballou, attorneys for Mrs.
A. A. Haalelea. have filed motion to
dismiss the petition of Junius Kaae for
| revocation of probate of the will of Ke-
aliiahonui. on the ground of laches and
want of prosecution. The motion is
based on the records and the following
affidavit of Mrs Haalelea:
Mrs. A. A. Haalelea, being duly
sworn, on oath deposes and says that
she Is the principal party in interest in
opposing the above petition: that a
similar case brought by Kapiolani ct
al. and involving the identical issues
raised by the petition herein was tried
about the year 1866 in which the valid
ity of the will was sustained; that the
witnesses then called on behalf of af-
fiant were Kamanawa, w. II. Pease,
Mrs. John Cummins. Mr.. John Cum
Minis and Charles Kanaina: that all of
said witnesses are now dead with the
exception of Mr. John Cummins, who
was called to testify only to his wfe's
handwriting, that atlantis principal
witness was Mrs. John Cummins, one
of the witnesses to the original will
of kealiiahonui. that said\ Mrs. John
Cummins died within three years last
passed; that the testimony for and
against the petition herein, so far as
this afliant knows, was almost exclu-
sively oral in character and that owing |
to the long lapse of time herein and
the death of the witnesses who could
testify for affiant, it would be inequit-
able to now try the issues raised by the
petition herein. Further, affiant sayeth |
naught."
The contest involves the title to val |
liable city property.
EJECTMENT CASE.
Hawaiian Trust and Investment Co.
VS.. Annie Barton ct al. came on for
trial before Judge De Bolt yesterday
morning. s. II. Derby of Kinney, Nc
Clanahan & Cooper appeared for plain
tiff, and Robertson & Wilder for de-
PENDANTS Gear, Lansing & Co. Holmes
& Stanley for other defendants were not
present and, after some discussion, the
court directed that the trial proceed
with w. r. Rawlins as counsel in place
Of Holmes & Stanley, he having been
in the case last year and being familiar
with the facts. The following jury was
found satisfactory to both sides, after
six men had been excused: Isador
Livingston, Ben. Guerrero. George
CIPHER, II. Meek, Chas. Il. Frasher, Il.
McCorriston, Jno. Kuaana, Isaac
p. NJ. Lucas, w. II. Thornton,
claimer of interest by Annie Barton
and Helen Cunning was read, along
with the complaint and answers of de-
N q nj nc In hA
some evidence was taken, counsel for
plaintiff was allowed to amend the
complaint by changing the name of the
plaintiff to The Hawaiian Trust Co.,
Ltd. The-su is ejectment relating to
what is known as the Canton hotel"
property in Hotel street, the plaintiff
claiming an undivided one-fourth inter
st therein and $4,000 damages for I'M
awful possession.
DEBT CASE TRIAL.
Washington Mercantile co. vs. Lam
roi, suit for sS75O9 on account of goods
was called for trial before
udge Robinson yesterday. Thayer &
iemenway and w. l.. Whitney for
laintiff; f. Andrade for defendant.
he following jury are trying the case: ,
Z. X. Manase, Henry De Fries, Alex.
iahoalii, C. n. Arnold, ]. X. Clark. A. ,
/. X. Keohokalole, David f. Motley,
has. II. Day Albert A. Wilson, Solo
non A. Hiram, Carl Maertens and G.
|. Greene. One by-stander was sum-
loned to complete the jury.
MRS. PARKER APPEALS.
Abigail Campbell Parker by her at f
orneys, Holmes & Stanley, has appeal d
to the Supreme Court of the Ter I
tory from the decision of Judge Gear u