The Hawaiian gazette., 1903-01-02
THE SUMNER
TRUST DEED
Says he Can Re.
woke It at His
Own Pleasure.

an end, and the old man come into his
own? The question is suggested in
view of the proceedings so far attend
has not been so much between the par
ties to the suit as among the attorneys
who are apparently more anxious to
air the good qualities of their own
regulations than to protect the inter-
ests of their respective clients. The
Bishop of Panopolis is not himself
party to the present long drawn out
proceedings, though he is the plaintiff
in the case. Sumner was put on the
stand by the Bishop for but few min
utes and his cross examination. sup
posedly on those few questions has al
ready occupied several days. with little
possibility of an early let-up.
1t is said by a local attorney that
the trust deed about which all the fight
is being made. is revocabIe at the will
of John X. Sumner, though the deed
does not so state in express terms. 1t
Is In a manner contingent upon a will
which has since been destroyed. though
there are no other parties to the trust
deed than Sumner and the Bishop.
When the suit was first begun this ap-
peared also to be the view of Sum-
ner's attorneys. There was a demurrer
at that time on behalf of Sumner and
r. W. Davis in which it was alleged
that the trust deed was voluntary and
revocable at the pleasure of Sumner.
and Furthermore no request had ever
a L..
be relieved of the trust. This demurrer
was filed by Magoon & Peters on
November 18th for both Sumner and
Wyllie Davis. The demurrer has never
been argued, though it it admitted that
a decision on the questions thus raised
would settle the case one way or the
other without recourse to lengthy court
proceedings. Why this has never been
done Is not apparent, though the court
records show that no disposition was
made of this demurrer before the case
went to trial on it's merits.
The whole case centers around the
validity of the trust deed which Sumner
claims he has revoked. To have the
trust deed declared invalid would shut
the Ellises out of their inheritance,
though Sumner says that he settled
whatever claim they might have had by
the payment of $4,000 apiece. The will
which Is mentioned in the trust deed
was cancelled by Magoon and later
burned by Sumner, according to his
testimony. No copy of the document is
now in existence, though an effort will
be made to introduce the contents. The
will it is said left the Sumner property
on the other side of the island to Mrs
Maria s. Davis and Wyllie Davis. All
IN hn aftyiI tt,tr
four equal parts. OF this one-fourth
was to go to the Catholic church and
the remainder was to be divided into
three equal parts for Willie Ellis, Vic
toria Buffandeau and John S. Ellis
The trust deed contains no reference
to the Ellises or the Davises. 1t does
refer however to the will of the same
date, September 18th. 1898, which makes
the above distribution of the estate
Only the Honolulu property of Sumner
is in trust his valuable estate i'm Ia
hti still being in his own hands The
following is copy of the trust deed:
This indenture made this 18th day of
September, A. d. 1898 between John X.
Sumner, resident of Tahiti, at present
temporarily in Honolulu, in the Island
OF Oahu of the Republic of Hawaii, of
the first part, and the Right Reverend
Gulstan F. Ropert, Vicar Apostolic and
Bishop of Panopolis, of said Honolulu
hereinafter named the Trustee) of the
second part. Whereas the party of the
first part desiring that his property
and interests I'm the Hawaiian Islands
shall be in charge of some competent
and disinterested person, and the party
OF the second part has kindly agreed to
accept the trust and confidence in him
hereinafter expressed.
Now this indenture witnesseth: That
In consideration of the premises and in
order to effectuate such desire and
agreement, the party of the first part
doth hereby give, grant and convey to
the party OF the second part. ali and sin
gular. the lands. tenements and heredi-
taments situated within the Hawaiian
Islands OF him. the party of the first
part, or to which he. the party of the
hrst part, Is or may be In any manner
entitled.
ITO have and to hold the same to-
gether with all the rights, privileges
and appurtenances thereto belonging or
In anywise appertaining unto him, the !
party OF the second part, and his sue |
oessors In Office, upon trust, however
for the following uses and purposes, !
that is to say:
ITO collect all the rents and profits
thereof and 10 pay thereOut all taxes |
ana other expenses incurred In respect |
~ managing or attending the same to- |
gether with any expenses Incurred by |
the party ~ the second part, for legal |
advice or services concerning the same
or the management thereof, and 10 pay |
the balance thereof from time 10 time |
as received by the party ~ the second |
part % the party ~ the iirsi part dur |
Ing bis lifetime ana AZ his death 10 |
grant ana convey said property aud |
pay such unapplled Income 81 such uses |
ana purposes anl "a such persons as
10 party ~ the nrsi part fhall W his |
Last Viii ana testament made and eger
cuiei 90 tho lllh day ~ September. A |