The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-06-19
Claim Of Auditor
Austin IS
Heard.
(From Wednesdays Daily.)


THE SUMNER CASE.
In the Sumner case the question as
to making the Ellis families and st.
Louis College parties was early an
swered as to the college by the filing
of full release of it's claim by the
Lord Bishop-elect of Zeugma, in con-
sideration of the donation of $4,000
by Sumner to that institution as pre-
viously acknowledged by his prede-
cessor, the Bishop Of Panopolis. Mr..
Humphreys suggested a technical OBJ
lection on the ground that the Bishop
elect was not yet consecrated, but the
court checked a reply by Mr.. Davis
with the statement that, as no posi-
tive objection had been made, the re-
lease would be admitted for what it
was worth. The argument then pro-
ceeded marked by some acidulous pas
sages between counsel. Against the
motion to make the Ellis families and
the college parties, the time was divid-
ed between Messrs. Davis and Magoon.
The case was taken under ADJUSTMENT
ANCIENT WILL CASE.
John F. Colburn has made fresh
move toward reopening probate of the
will of Robert William Holt by the
Supreme Court nearly forty-one years
ago. He petitions that Carlos A.
Long, or some other suitable person,
be granted letters of administration de
bonis non on the estate. 1t is claimed
in the petition that, since the death of
Alexander J. Cartwright in 1892, there
has been nobody legally appointed to
administer the estate, although Bruce
Cartwright and Henry Smith have
each successfully assumed to act as
trustee under the will.
HEIR GAINS RIGHTS.
Judge Robinson gave judgment for
plaintiff as prayed for, excepting as
to attorneys fees, in the bill to de-
clare a trust and to enforce charge
on real estate brought by William
Lono Austin against r. William Holt,
Annie Harris Holt, John d. Holt Jr.,
Elizabeth X. Richardson nee Holt and
z. Vivian Richardson, her husband.
The plaintiff claimed under the will of
Eliza Wood Holt, former wife OF
r. William Holt, which devised her
property to her husband subject to a
charge of $25 month for the board,
and education of plain
tiff, William Lono Austin, during his
minority, the payment thereof to be
continued to him during his natural
life. His petition showed conveyances
of parts of the property by defendants
without regard to his interest under
the will, claiming also an Indebtedness
to him by the estate until date of Pc
tition Of $3125. By the judgment now
given the plaintiff has a trust for his
benefit declared in all of the property
and is to be paid the amount due him
as stated.
MRS. BATCHELOR'S ESTATE.
P. D. Kellett Jr., has filed a masters
report on the accounts of Emma S.
Douglas, administrators of the estate
of Catherine e. Bachelor, deceased.
The total receipts from principal and
income were $3S63.19 and payments
s25S1. SO, leaving a balance due the es-
tate of s12S1.56 The real estate, ac-
cording to the original inventory, was
valued at s7375.20 and personally
s19O6 49, An amended inventory shows
the termination of a lease and the
sale of $500 bonds of the o. r. & l..
Co., but takes no account Of jewelry
put down at $213.20. Mention
Is made of the settlement of a claim
Of Helen Foncesca as an heir by the
payment of $1,000 to Geo. A. Davis, her
attorney, for which quitclaim deed
was given. A suit by the adminstra-
trix against DR.. T. Mltamura for sum-
mary possession is pending, which the
master submits may raise a question
as to whether she may now be dis
charged. The master finds the ac-
counts correct and recommends that
hey be approved, also that upon sat-
explanation being given as
10 the jewelry the Administrative be
ordered to deliver over all the prop
,rty now in her possession to the per-
sons thereto entitled, after deducting
LII necessary expenses.
THE HOPP ESTATE.
Edwin NJ. Marshall, administrator of
he estate of John Hopp, deceased, has
lied an account, showing receipts of
1881 63 and payments of s2S46.63, leav- /
ng a balance of SS5. A statement
gives the assets, including a half in
crest in the business of ]. Hopp &
To-, as lS,S74.06, and the liabilities Of
he estate $2S46.63, leaving a net value
# sl6,02743. The house and lot in Ala S
yea street is valued at $4,000.
HEAVY FORECLOSURE. t
Judge De Bolt granted the petition of q
". o. Smith and others, trustees OF
he Lunalilo estate, for a decree of r
oreclosure and sale against III. w.
schmidt, who consented by his an Il
wer. The mortgage is on respondents
,eretania street property adjoining
he Queens Hospital grounds, being
o secure principal and interest of pro-
nissory notes on which there is due
3S, 1924. C. F. Peterson is named In
he decree as commissioner of sale.
DIVORCE SUITS. y
Judge De Bolt granted divorce to
Sawi against his wife HALL on the a
round of desertion. d
In the receivership connected with s.
he divorce case of Carolina Silva VS.. e
T. G. Silva. the Lunalilo estate trus- h
n