The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-10-19
WANTS TO NAME
THE GUARDIAN
MRS. PAl.KER'S ATTORNEYS SAY
HER INTERESTS DO NOT OPPOSE
CAMPBELL MINORS.

Holmes and Stanley have filed brief
for Mrs. Abigail K. Campbell-Parker,
in support of her petition for the APP
pointment of A. F. Judd as guardian
of the minor Campbell children, to
succeed George A. Davis. The mat
ter is in Judge Gears court and he in
timated that as the interests of the
Mrs Campbell-Parker and the minors
might clash, 1t was not proper for
her to name the guardian. The at
torneys contend that the interests will
not clash and that the mother has a
right to suggest guardian.
The principal property concerned is
the ST. James hotel, San Jose, and other
California property of the late James
Campbell, which it is claimed is not
subject to the trust will under which
all property in Hawaii is held, such a
will being void under the laws of Cali
fornia. Gear appointed Davis as
guardian and proceedings were begun
at San Jose, but the Superior Court
there decided against Davis. After his
disbarment and while a petition to re-
move him was pending, Davis resigned.
j. ]. Dunno was then appointed, but
for Miss Alice Campbell.
Judge Gear strongly intimated that
he would not allow the mother to sug-
gest who should be guardian, declaring
that such a proceeding would be i'm
proper, but the attorneys argue against
his view of adverse interests as fol-
lows:
Mrs. Parker's interest in the San
Jose property is not adverse to the
minors interest, but concurrent with
it. If the courts of California declare
the trusts of the will, so far as they
effect the San Jose property, void, Mrs.
Parker will take one-half of the prop
erty, which is community property
while the minors will take one-eighth
each.
Mrs. arker has everything to gain
by suit TO set aside the will of her
late husband so far as it affects the
San Jose property, for in place of the
one-third of the income of the property
for her life, which she takes under the
WILL she would take one-half in fee.
How then can the interests be said to
be adverse?
Mrs. Parker's personal desire to ac-
cept her husbands will even though
she suffer by it, is a worthy sentiment
that the court should not seize on as
indicating a determination on her part
to compel her children to be bound by
the will also. 1t is one thing for Mrs.
Parker to say, 4 am satisfied with the
provision my husband has made for
me by his will 1t is another to as
sumo that she desires to compel the
minors to be satisfied with it also.
1.-TWO of her children are of age. They
have already taken steps to test the
validity of the will as a valid will of
the property in San Jose, the result of
which will enure for the benefit of all
the parties. = -
But is it clear that a one-eighth of
the property in fee Is a larger interest
than one-fourth of the income after the
death of the mother with remainder to
the heirs of the minor, remembering
the minor is a girl to whom it is more
important that she should possess a
reasonable income during her lifetime
than that she should have possession
of the capital of her property with
liberty to get rid of it as easily as pos
sible?"
The attorneys say nothing as to
Judd's fitness, as they did not under
stand that it was questioned.