The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-10-20

WILL CASE
Mother Of Minors
Has a Brief
Filed.

Holmes G. Stanley have filed a brie
+ for Mrs. Abigail X. Campbell Parker
, on her petition for the appointment OF
A. +. Judd as guardian of the property
} of her minor children, Muriel Campbell
and Beatrice Campbell. The brief dis
cusses the question raised by the court
whether Mrs Parker Is qualified tc
nominate a guardian for her minor
children, as her interests may clash
with those of the minors. The disqual-
ification, If any, is said to arise from
the fact that Mrs. Parker is one of the
trustees under the will of her late hus-
band, James Campbell, and that the
interest of the minor children may con-
fict with the interest of the trustees
especially as to the San Jose property,
which the courts of California may
hold is not subject to the trusts of the
will in consequence of the will violat-
ing the laws of that State.
The attorneys argue that Mrs. Par
ker had a right to petition for her own
| appointment. Mrs. Parker" they con-
| tinue, ''in Difference to the wishes of
the court has waived this right and
now she is asked to waive what we
| submit is her undoubted right to NOM
/ mate a guardian for her children"
! They maintain that the fitness of her
nominee is the only matter the court
/ has to decide.
Authorities are quoted in support of
! the right of parents to have their
wishes, sometimes uttered in last wills,
consulted about the guardianship of
! their children. Then they take up the
question of whether the interests of
Mrs. Parker and of her minor children
are adverse, saying:
Mrs. Parkers interest in the San
Jose property is not adverse to the min
ors' interest, but concurrent with 1t.
If the courts of California declare the
trusts of the WILL so far as they affect
the San Jose property, void, Mrs. Par
ker will take one-half of the property,
which is community property, while the
minors will take one-eighth each.
Mrs. Parker has everything to gain
by a suit to set aside the will of her
late husband so far as 1t affects the
San Jose property, for in place of the
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, Il 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
Two of her children are of age. They
have already taken stSps to test the
validity of the will, as valid Will or
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 or
the property in fee is n 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 I'M
portant that she should possess rea-
sonable 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 possibleE'
The attorneys say nothing as to Mr..
~, Il
Judo h'hess' "s .,aa .n.y Wv
stand that II WAS 4"eS'''
PARTITION SALE ORDERED.
,,,ao, No po,t has signed an order
directing w. A. Wall, commissioner,
to sell at auction after -FOUR WeeNs
notice in the Advertiser ana huoko''
also by posters in the dlstr'ct' lne
lands involved In the partltioh sun
of NJ, F. Scott and Nettie Il. sco'''
against T.. n. Pilipo and others Ihey
are the lands of Holualoa l. ana H. III
North Kona and contain 5lS9 acres
SILVA'S DEFlC1ENclES'
Judge Gear has signed DEGREES and
deficiency judgments in the foreclos-
ure suits against Manuel G. Silva as
follows: For William o. Smith. trus-
tee for Antoine Lidgate, deficiency of
s1O46,67 with 6 per cent interest from
date Of decree. For William O. Smith,
,,,ll Of