The Hawaiian gazette., 1903-08-07

ANOTHER HOLT APPEAL.

of Robert William Holt, deceased, has
appealed from the order of Judge Gear
appointing Carlos A. Long administra-
tor de gonis non with the Will annexed
of the same estate.
Judge Gear sustained the demurrer
to the petition of Catherine Saylor for
an accounting IN the matter of the
estate of Catherine p. Aud. The petit
ton was dismissed. Creighton & Cor
rea, counsel for petitioner, did not ap-
pear. Atkinson & Judd appeared for
w. C. Parke, administrator.
Judge Gear appointed Shige Toshii-
chi temporary administrator of the es-
tate of Kuabara Minekichi under $1,000
bond. H. A. Bigelow for petitioner.
Masa Hirano was appointed by Judge
Gear permanent Administrative of the
estate of Uusimatsu Hirano under
$3.50 bond. F. E. Thompson for petit
toner.
Chise Fugishige has been granted a
divorce from S. Fugishige on account
of the latter's failure to support her
and his extreme cruelty.
INHERITANCE PAID UP.
j. NJ. Monsarrat. administrator of
the estate of Madame Kekipi, deceased,
yesterday filed a supplemental and fl
nal account balancing at $1015 on eth
er side, which was approved by Judge
Gear. From June Z. 1901, F. de Costa,
heir, was the beneficiary of the amount
of 1925; including 1854 paid to him di-
recty in the past three months.
AT the hearing of this case a year
ago Judge Gear denied the petition Of
Hull, claiming to be heir as nephew
Of the dead woman. He held that
Francisco de Costa, husband of de-
ceased, was the only heir at law and
If he had not appeared the estate
would have escheated to the Govern
ment.
Mr.. Poepoe contended for the claim
was the brother of Kai. and that Kai
and Ahu were the parents of Kekipi.
When the Court asked him where was
was his evidence of the marriage be-
tween Ahu and Kai, counsel answered.:
In the year 1910, that Is when the
first Constitution was promulgated in
Lahaina, the first Constitution of Ka-
mehameha Third, wherein 1t says that
all marriages or combinations of one
woman at the time of the Premier Ka-
ahumanu is legal marriage, and what
the natives then called male hooau.
The Court referred Mr.. Poepoe to the
lack of any evidence that at the time
Kekipi was born Kai was living with
Ahu. To the contrary, Manasi testified
that the child was born at the time
Kai married Ahu, which was evidence
not disputed by petitioners witnesses.
In denying the petition of Hull, Judge
Gear ruled that on the evidence Fran
law and entitled to the estate, and the
hearing then concluded as follows
Mr.. Poepoe-I would make a motion
and appeal to the jury from this fact,
and appeal on the fact that Hull is
the heir.
The Court-The attorney Of Mr.. de
Costa will be allowed fee Of seventy
five dollars for defending the contest
of the heirship, to be paid out Of the
estate.
The masters report is confirmed sub
ject, however, to the payment to j.
NJ. Monsarrat, not as administrator,
but as attorney for the heir, Francisco
de Costa, of seventy-five dollars at
torney's fee, which will be deducted
from the amount found to be due from
the administrator. This Is for expert
services in defending on the question
of heirship. And the Court finds that
Francisco de Costa is the only heir.
If you ask me to allow an appeal In
this case I will not do 1t. If you have
a statutory right in this case you may
take 1t. The accounts will be settled
and the petition for discharge of the
administrator will be allowed upon his
filing a receipt or paying the money
into Court. And the Court will dis
charge Mr.. Monsarrat as administra-
tor and absolute his bond.
Mr.. Poepoe took an appeal, which
was dismissed by the Supreme Court.
Francisco de Costa yesterday filed
a receipt in full for the balance due
him, s624 countersigned by C. w. Ash
ford as his attorney.
BIG BOND.
George A. Davis yesterday filed his
bond to Judge Gear in the penal sum
of twenty-five thousand dollars, as
guardian of the property of Muriel
Campbell and Mary Beatrice Campbell,
infant children of the late James Camp
bell. His sureties are A. NJ. Brown and
John F. Colburn. Charles F. Chilling
worth witnesses the signatures of
Messrs. Davis and Brown. and A. NJ.