The Hawaiian gazette., 1903-07-24
HOLT CASE
IS PENDING
Judge Gear Holds
Jurisdiction
Is His.

Notwithstanding the discontinuance
OF one case filed as previously reported
the forty-year probated estate of X. w
Holt came before Judge Gear yestcr-
day. The Iurt denied motions by
three interests to dismiss the petition
of John +. Colburn for the appointment
of c. A. Long as administrator de boni:
non to take the place of Henry Smith
trustee under the will. Hatch & Balou
appeared for Henry Smith and Holmes
&Stanley for his predecessor, Bruce
Cartwright, while Robertson & Wilder
appeared for the Holt heirs and Frank
kndrade for Anna X. Kentwell. The
motions were based on jurisdiction
which Judge Gear maintained he pos.
sessed and continued the hearing til
Monday. This case does not go the
length of the matter discontinued, as II
does not attack probate Of the will.
THE KAMALo CoRoLLARY.
Owing to the illness Of plaintiff after
Judge Gear ordered briefs to be fled
within ten days, the case of l.. II. lee
vs.. w. II. Smith was continued. This
is a suit to cancel the deed of Nuuanu
property by Frank Hustace to defend.
ant, on the ground that the TRANSACTION
was fraudulently concoctcd to avoid the
Kamalo Sugar Co. judgment against
Iiustace. The matter heard on this oc-
cesion was that of objections to defeni-
c.nt's answer.
WILL OF THOMAS CUMMINs.
Joseph o. Carter yesterday filed for
probate the last will and testament Of
Thomas Jefferson Cummins, which
names the petitioner for its executor.
The estate is solely personal proper
ty, consisting of railway, plantation
and hotel bonds. cash in bank and
cash due, all amounting to $25,572.S2.
The will was executed on December
30, 1896, in presence of Frank Brown
and N. Fernandez. 1t dominates Mr..
Carter as executor to serve without
bond and says:
AFTER the payment of my just debts
and funeral expenses ! desire that my
executor shall divide the remainder
of my estate into four equal parts,
and l do hereby bequeath and devise
one of such parts to each of my
daughters Lydia, Elizabeth and Maria,
and the remaining part to my sister
Mrs, Maria NJ. Berry, now of West
Roxbury, Massachusetts, United States
of America.
By codicil dated December 81, 1901
the testator revoked the legacy to his
sister on account of her death, trans
ferring her fourth to her two children,
William and Elizabeth Berry in
equal shares. The three daughters re-
ceiving each a fourth of the estate are
Elizabeth Fairchild of Kealia, Kauai;
Maria King of Oakland, Cal, and Ly-
dia Schmidt OF Crockett, Cal.
ESTATE DIR. ANDREWS.
Sarah d. Andrews, widow, petitions
estate of the late DR.. George Pierce
Andrews to be issued to George p.
Castle. The estate is personal prop
erty consisting of stocks, household
furniture, horse and carriage, medical
books and instruments, and real prop
erty consisting of three lots In Kaimu-
XII tract with improvements thereon,
the aggregate value being placed at
$4,000. The heirs at law ar the petit
toner and Miss Winifred Andrews.
TROUBLES or SILVA.
Execution in the divorce suit of Ca
rolina silva VS.. Manuel G. Silva for
$75.5e is returned unsatisfied by Dep
uty Sheriff c. F. Chillingworth. be-
cause the estate of the libellee is
pending in bankruptcy in the United
States District Court.
In the foreclosure suit of William
o. Smith and others, trustees OF the
Lunalilo Estate, VS.. Manuel G. Silva
ct al, defendant Ernesto Machado an
swers setting up mortgage by Sill
va to him as security for a loan of
$1,000 on promissory note. Nothing
has been paid of the principal or In
terest, and If the court finds this re-
spondent has n first ] en- on the prem
ises described he will join plaintiffs in
asking or an order of sale.
INSURANCE CASES PAU,
Discontinuances have been filed in
the suits of Wing Man Yuen against
the Norwich Union Fire Insurance So
ciety and the Scottish Union and Ma
tional Insurance Company.