The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-01-28
WOULD GUST
{, 4, BROWN
His Children Want
Whole Of Ii
Estate.
Claim They Get All on
Death of Their
Mother.
Want the Ii Estate Held in Trust
and Claim Construction of
Will Was Invalid.

| Suit was brought in Circuit Court yes
terday on behalf of George Ii Brown
and Francis Hyde Brown, minors, ask
ing that the 1000 shares of the John 1
Estate held by G. A. Brown, J. A. Ma
COON and Mrs. Irene Brown Holloway b.
declared in trust for their benefit afte
the death of their mother. The peti
ton filed seeks to have set aside tn
decision of the Supreme Court constru
ing the will of John Ii as invalid anC
an injunction is also asked as to Brown
and Magoon RI nrevent their disposins
of the shares 4Iaf9 by them in the 1
Estate.
The suit which is entitled "a bill t.
brought by A. F. Judd as guardian fol
the Brown minors, he having been ap-
pointed for that purpose by Judge De
Bolt
The bill of complaint sets out the
death of John Ii on May 2, 1870, and
| the subsequent probating of the will
| This will it is alleged declared that
| if his daughter Irene, who is now the
wife of c. S. Holloway of said Homo
lulu and one of the defendants herein.
should die having borne children, then
the said property should descend to her
children, but that she, the said Irene,
should be his first heir, meaning there
by and intending thereby that during
her lifetime she should have the use
and benefit of said property, and that
her children by virtue of said will are
the absolute owners in fee of said prop
erty, subject only to their said mothers
life estate"
There is then set out the marriage
of Irene Ii to C. A. Brown and also
the subsequent action brought against
Brown to compel him to account for his
conduct of the property, and alleging
that he had wasted and squandered the
estate. and was illegally wasting the
property of the estate. There is then a
long resume of the various court pro-
ceedings which were. started before
Judge Cooper, but in which Cooper
gave no decision, but the matter was
referred to the Supreme Court. In all
these proceedings the minors declare
that they were not represented by
counsel, and though they had an inter-
est therein their rights were not ad-
Indicated. The Supreme Court finally
was called upon to construe the will and
it decided that there was no trust and
A.
estate in fee simple.
1t is contended that the Supreme
Court which gave the decision was
without jurisdiction, and the various
proceedings in connection with the
hearing are set out, as showing the
illegality of the body as then constitut-
ed. 1t is alleged that two justices of
the Supreme Court being disqualified.
w. Austin Whiting, the remaining JUS
tice, called in w. r. Castle and L. a.
Thurston to sit with him. and that
this was illegal and unconstitutional.
1t is further alleged that on June .,
1897. a deed of conveyance of all the
property was executed to the John Ii
Estate, Ltd. by which there could be
no change in the management excepting
by a three-fourths vote. The shares is !
sued by the corporation were divided;
800 to Irene Ii Holloway. 500 to c. a. !
Brown and 500 to a. w. Carter in trust !
for the plaintiffs. c. A. Brown assign
ed one of his shares to ]. A. Magoon
which makes him a defendant. The sub |
sequent divorce of the Browns is also
set out.
The plaintiffs ask the court to decree !
that each of the defendants be ordered !
to hold their respective shares in trust !
for the plaintiffs and that at the death I
Of Mrs. Irene Holloway it be decreed |!
that all the shares be assigned to the |
said Brown minors. The plaintiffs al !
lege also that there is danger that "un-
less restrained the said c. A. Brown
and J. a. Magoon will sell and dispose !
IF their property and they ask for a
order.
The suit is in effect a petition that !
he Will of John Ii be again construed /
by the court, it being claimed that the
mother of the children holds but a life
interest, and that the stock held by both
her and c. a. Brown should go to the
children upon the death of their mother