The Hawaiian gazette., 1903-04-28
CONSTRUCTION OF BISHOP WILL
lFrom SATURDAYS Daily.D

Judge De Bolt heard the petition yes
terday of the Trustees of the Bishol
Estate asking for a construction OF TN
II. 2. Bishop VIII. The point raised Il
rather a novel one. The original vii
grants to the trustees "full power Il
lease or sell any portion of my rea
estate, and to re-invest the proceeds
and the balance of my estate in real
estate or in such other manner as To
my said trustees may seem best
A codicil to the will, dated n year
later, adds to the above powers, as fol-
lows:
II give unto the trustees named in
my will the most ample power to sell
and dispose of any lands or other por-
ton OF my estate, and to exchange
lands and otherwise dispose of the
same; and to purchase land and to
take leases of land whenever they
think it expedient, and generally to
make such investment as they consider
best" 1t Is further provided that the
trustees shall manage" the estate in
stead of selling 1t unless in their opin-
ion a sale may be necessary for the
establishment or maintenance of said
fKamehameha) schools, or for the best
interest of my estate"
The trustees own several thousand
acres east of the city and in common
with nearly hundred other owners of
land at Palolo and Kaimuki are eX-
tremely DESTROYS of getting the Rapid
Transit Company to extend its system
along the Waialae road to the crest of
the hill mauka of Diamond Head. and
have offered to build the track If the
Rapid Transit Company will agree to
operate it. The Bishop Estate Trus-
tees. not having cash in hand to pay
their share of the cost of building the
road, agreed to contribute land assessed
at 10000, the total cost of building
the road being estimated at 900 This
offer was agreed to, but before the pa
pers We're executed, Mr.. Holmes, attor-
ney for the Trustees, advised them that
in his opinion they did not have the
authority under the will to either give
land or pay money for the purpose OF
securing the construction of the street
railway to their lands; that their Vow
ers were limited to sale and invest |
ment.
This view, If correct would prevent
the trustees from any form of develop
ment of the estate, and would restrict |
them absolutely to selling or leasing |
their lands in their raw undeveloped |
state.
The trustees have been acting upon
the broad view that they could open
streets fill swamp lands, build wharves
and otherwise do acts which prudent |
conservative business men would do, to
improve the value of the property UNI |
der their control. In pursuance with
this policy they have recently con-
structed a wharf and slip in Honolulu
Harbor, costing $40 900, filled in a large
area of swamp land back of the Homo
lulu Iron Works, laid streets out
through it and connected it up with the
wharf by rails. so as to give easy access
for freight purposes. The Honolulu
Iron Works, the Union Feed Company /
and several other business institutions
have been established on the lands of
the estate in this vicinity.
In view of the far reaching scope of
Mr.. Holiness opinion and the serious
effect upon the future of the estate If
his contention is correct, the trustees
applied to the court for a
of the will upon this point
engaging l.. A. Thurston to present
the views in favor of the broader pow
err. An early decision is hoped for from
Judge De Bolt. Meanwhile work upon
the Waialae extension of the street
has been suspended pending the
decision.