The Pacific commercial advertiser., 1903-10-18
CAMPBELL
WILL CASE
Mother Of Minors
Has a Brief
Filed.
Her Right of Nominating
Guardian for Them
Set Forth.
Bishop Estate Trustees Excepted
From Citation Tor
Contempt.

Holmes & Stanley have. filed a brief
for Mrs. Abigail Z. Campbell Parker,
on her petition for the appointment of
A. F. Judd as guardian of the property
of her minor children, Muriel Campbell
and Beatrice Campbell. The brief dis
cusses the question raised by the court,
whether Mrs. Parker is qualified to
nominate guardian for her minor
| children, as her interests may clash
| with those Of the minors. The disqual-
iflcation, If any. is said to arise from
the fact that Mrs. Parker is one Of the
trustees under the will of her late hus-
band, James Campbell, and that the
interest of the minor children may con-
flict with the interest of the trustees
especially as to the San Jose property,
which the courts of California may
hold is not subject to the trusts of the
will in consequence of the will violat-
| ing the laws of that State.
The attorneys argue that Mrs. Par
ker had right to petition for her own
appointment Mrs Parker" they con-
tinue, in Difference to the wishes of
the court has waived this right and
| now she is asked to waive what we
submit is her undoubted right to NOM
mate a guardian for her children"
They maintain that the fitness of her
nominee is the only matter the court
has to decide.
Authorities are quoted in support of
the right of parents to have their
wishes, sometimes uttered in last wills,
consulted about the guardianship of
their children. Then they take up the
question of whether the interests of
Mrs. Parker and of her minor children
are adverse, saying:
Mrs. Parker's interest in the San
Jose property is not adverse to the min
ors' interest, but concurrent with it.
If the courts of California declare the
trusts of the will, so far as they affect
the San Jose property, void, Mrs. Par
ker will take one-half of the property,
which is community property, while the
minors will take one-eighth each.
Mrs. Parker has everything to gain
by suit TO set aside the will of her
late husband so far as 1t affects the
San Jose property, for in place of the
third of the income of the property
for her Iife which she takes under the
will, she would take one-half in fee.
How then can the interests be said to
be adverse?
Mrs. Parker'S personal desire to ac-
cept her husbands will, even though
she suffer by it, is a worthy sentiment
that the court should not seize on as
indicating determination on her part
to compel her children to be bound by
the will also. 1t is one thing for Mrs.
Parker to say, I am satisfied with the
provision my husband has made for
me by his will It is another to as
sumo that she desires to compel the
minors to be satisfied with it also.
Two of her children are of age. They
have. already taken steps to test the
validity of the will, as a valid will of
the property in San Jose, the result of
which will enure for the benefit of all
the parties.
but is it clear that one-eighth of
the property in fee is a larger interest
than one-fourth of the income after the |
death of the mother with remainder TO
the heirs of the minor, remembering the |
minor is a girl to whom it is more i'm
portant that she should possess rea- |
sonable income during her lifetime than |
that she should have possession of the |
capital of her property with liberty to |
get rid of it as easily as possible?
The attorneys say nothing as to Mr..
Judd's fitness, as they did not under
stand that it was questioned.
PARTITION SALE ORDERED.
Judge De Bolt has signed an order
directing w. A. Wall, commissioner,
to sell at auction after four weeks
notice in the Advertiser and kuokoa'
also by posters in the district, the
lands involved in the partition suit
of NJ. F. Scott and Nettie L. Scott,
against E. n. Pilipo and others. They
are the lands of Holualoa I. and II. in
North Kona and contain 51S9 acres.
SILvA'S DEFICIENCIES.
Judge Gear has signed DEGREES and
deficiency judgments in the foreclos-
ure suits against Manuel G. Silva as
follows: For William o. Smith, trus-
tee for Antoine Lidgate, deficiency OF
s104S6 with 6 per cent interest from
date of decree. For William o. Smith.
ct al, trustees under the will of W.
C. Lunalilo, deceased. deficiency of
sl30.60 with per cent interest.
PARTITION SUIT. In
Judge De Bolt appointed Jos. S. En-
arson as commissioner in the partition {
suit of Kapiolani Estate, Ltd, VS.. &
Ruel Kinney and P. Helemano, to ex-
anime the lands and report on the
of a partition. Long & 7
Long appeared for plaintiff, and E. |
N. Watson for defendants.
BOYS MAKE CHOICE. I
Judge De Bolt granted the petition 7
If A. F. Cooke for authority to trans
'er to Manuel Lee a yacht and to /
Walter E. Lee a gold watch and chain Z
,ut of the estate of their deceasedE
ather. Walter E Lee. the recipients u
@ sign a release from all further +
.lai,,,S and demands against the es- G