The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1903-02-09
LASTS TO THE
CENTURY'S END
A WILL WHICH MAY LAY THE
FOUNDATION OF A GREAT FOR
TUNE.

BY the will of the late Margaret "
Carter, who died last month at koo-
lauloa "a trust is created which may
last fifty or seventy-fve years The
deceased left property on oahu valued
at 1000 and valuable real estate in
New York or Pennsylvania, and the
bulk Of her estate is left in trust for
her grand children and great grand
children, the income to go during life
to her husband and children.
Mrs. Carter died on January IA, at
the age of 80. Her husband, Dr.. A. b.
Carter, IS at present in the hospital Sc
riously i'll. Her will was signed on
February s, 1901, and was witnessed
by w. K. Rathburn r. w. Davis and
Makaele Aona. The children are
Thomas J. Carter, IA years; Henry G.
Carter, w. l.. Carter, Eunice X. Car
ter, BeatriX x. Carter, A. b. Carter,
Harriet X. Carter and Richard n. *.
Carter, all under A.
The petition for probate of the will is
by Jessie *. Kaae, who is named as
eXecuttiA. The home at koolaulol Is
left to her in trust for the husband and
children, to be reasonably supported
by funds from the rest Of the estate.
All the rest of the real estate on this
island valued at $4,000, and consisting
of agricultural land in Koolauloa, Is
willed to John c. Lane and Junius Ka-
ae, to be managed by them for tho
benefit of the heirs. One-third of the
income goes to the husband and the
rest to the children, and the win pro-
vides that none of the land shall be
sold except on order of the court, ana
to save the estate. If any of the chill
dren want a separate home, the trus-
tees are to allow them a piece of land
not to exceed an acre.
The will provides that the trustees
shall sell as rapidly as possible all the
real estate owned by the deceased out
side of the Hawaiian Islands, The Pc
titioner states that it is in New York
or Pennsylvania, and that the value is
believed to be considerable. The money
derived from it's sale is to form a fund.-
to be held in trust for the husband and
children the former to get One-third
during his life.
Even when the children become Of
age they are not to have the fund or
the real estate 1t is all to remain in
the trust until they have all passed
away, and when the last one dies the
| trust terminates, and the grandchil-
dren share pro rata, provided that ii
! in the case of any Of the heirs now liv-
| ing there should be only great grand
! children, the latter shall divide the
share that would have fallen to their
parents. The will provides that If any
trustee shall pass away during the life
of the trust. another shall be chosen
with the consent of the majority OF the
heirs, and if the latter cannot agree,
whatever court there may be in the
Islands, shall choose.
BY this will Mrs. Carter has created
a trust that is almost certain to last
for very many years, for the oldest or
the children is IA and the youngest on
ly three years of age. They are not to
have even the income until they be-
come OF age. BY the time the youngest
reaches the majority the estate may
be the foundation of a great fortune,
and when the grandchildren and grea:
grandchildren divide it, the increase Is
not unlikely to be enough to give
fortune to each. Under the strict pro.
visions of the will it cannot be wasted.
but must increase steadily under the
protection of trustees and courts.
The will provides for division of the
personal property in the home, except
the jewelry, among all the children, the
jewelry to be divided equally among
the three daughters,