The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-07-24
SEPARATION
SETTLEMENT
Gil. Bishops New Trust
Deed for His Wife
and Family.

In an oral decision Judge De Bolt
granted the prayer of the bill in equity
brought by Charles H. Bishop and
Evelyn 6. Bishop against E. Faxon
Bishop and Joseph o. Carter. S. H.
Derby appeared for c. H. Bishop and
w. A. Whiting for defendants. By
trust deed of October IA, 1901, G. II.
Bishop conveyed certain property real
and personal to defendants, the net
income of the trust to be paid to him
for life and upon his death the trust
estate to be conveyed free and clear
of the trusts, to such person or persons
as he might designate by his last will
and testament, subject, however, TO the
dover right of his wife, Evelyn H. Bish-
OPP.
On April %, 1904, Bishop and his wife
executed a deed or declaration of trust
whereby the terms of the original trust
deed were modified in some respects,
in others enlarged and added to, new
trusts and obligations being created
hereunder. The purpose of this sec
ond trust deed, among other things
was to make a permanent settlement
upon Evelyn C. Bishop and the chill
dren of her and Charles H. Bishop,
which should be in full of all marital
claims on the part of Evelyn G. Bishop
against Charles H. Bishop for the sup
port of herself, or her children, or by
way of dover or otherwise. At the
same time as the settlement was eff
fectuated Judge Jacob Hardy granted
Evelyn G. Bishop separation against
Charles H. Bishop, and the two are
70 orb
The petitioners requested the de-
PENDANTS to accept the new trust deed
and carry out it's provisions, but though
the defendants We're willing to do SO
they doubted their authority. In their
answer they set up that the first deed
of trust was voluntary settlement
completely executed and that the sec
ond deed was a revocation of the first
which a court of equity could not de-
cree. They state other grounds for ask
ing that the petition be denied
The court holds that the original deed
is revocable and that the second deed
may be executed, and therefore grants
the prayer of the bill.
The property placed in trust under
the first deed amounted to about $780,
900 in value. Under the second deed
one-third of the trust estate, after
1iquidating debt to E. Faxon Bishop,
was to be set apart, free and clear of
the trust deed, as the sole and absolute
property of c. H. Bishop, also free and
clear of dover or any marital claim, the
trustees to make the division so that
he should receive, as near as practical
BILE. an equal proportion of income and
non-income bearing property. The re-
naming two-thirds was to be held in
trust and one-half of it's net income to
be the absolute property of Evelyn G.
Bishop during the term of her natural
life, and the remaining one-half to be
paid share and share alike to the five
children, the share of any of them who
might die to go to his or her heirs.
Upon the death of the mother her share
goes in equal division to the children,
and upon the death of both parents
the entire estate passes to the chill
dren.
The makers of the deed reserve the |
right to annul, abridge, alter or amend
the deed at any time, but only by their |
joint act or consent, while upon the |
death of either of them the trust shall |
become absolute, irrevocable and no |
longer subject to amendment.