The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-03-25

The court finds that the acceptance
OF the check, under all the circumstan-
ces, amounted to settlement OF the
account between them and that such
was the understanding of the parties
at the time. Quoting the statute pro-
viding that interest shall be allowed
for money due on the settlement of an
account from the day on which the
balance is ascertsined, the court gives
judgment for plaintiff as above stated,
namely, for the amount OF the original
debt and interest from date of settle
ment.
MORE STRICTNESS NOW.
w. l.. Stanley, S.. II. Derby and w.
w. Thayer are appointed by Judge De
Bolt as a committee to examine into
the qualifications of So Yong on his
application for renewal of license to
practice law in the District courts of
the Territory.
Judge De Bolt says the course he
has thus taken prevails in Washing
ton. 1t Is hoped. by requiring a thor
ough examination of candidates al the
hands of experienced lawyers, to main
tain high standard even among the
lower court practitioners.
COMPREHENSIVE TESTAMENT.
w. o. Smith has been appointed by
Judge Gear executor of the VIII OF
Josephine C. Barber, deceased, as
nominated therein, under bond OF
$4,000. The testatrix died in San Fran
cisco on August 10, 1903, leaving a per-
sonal estate valued at $4,000. This Is
bequeathed in trust to w. o. Smith, 10
pay the income annually to her son,
Earl II. Barber, living at Newton,
Mass, and upon his death, If he leave
a wife or child or children, to divide
the corpus between such wife and chill
dren in equal shares, the lawful issue
of any deceased child taking by right
of representation. In case of his death
unmarried, or leaving no lawful wife or
rri'i or ciullIen then he estate - 10
be divided equally between iii. foDow-
irE Famed persons of reldH cnshi2 u
the testatrix as stated: Mary III. De
Graft, sister; Frances NJ. Williams, sis
ter; Everett b. Simpson, brother, all of
Tonawanda, N. Y, and Harriet b.
Browning, niece, of Los Angeles, Cal.
1t is further provided that If her son
should die before herself, leaving wife
or children, the estate should not go
into trust but directly to them. Also,
if he so died without leaving wife or
children, 1t should go direct to he
other relatives already named.
The will was executed at Honolulu
on July q, 1903, when deceased was
forty years of age and upward, in pres
ence of William j. Forbes, w. w.
Chamberlain and Louis j. Warren.
CLAIMS FIRST LIEN.
Waialua Agricultural Co. by its at
torneys, Castle & Wilmington, has filed
an answer to the bill for foreclosure
of Henry Smith, trustee, against John
d. Holt, Jr., and others. 1t sets up
the claim that another certain mort
gage assigned to it has now due upon
it $4,000, principal and interest which is
first lien upon the premises covered
by the mortgage so owned by 1t.
TAX RAISE SUSTAINED.
The Supreme Court has decided
against the Bernce Pauahi Bishop Es-
tates appeal from the Tax Appeal
Court in the matter of the assessment
of eighty acres of rice land and Abs
acres of pasture land located at Puma
luu, oahu, under 10 year lease with
13 years uneXpired) for net annual rem
tai of s250O The property was return
ed at $4,000, which the assessor raised
to S25,OO0. This increase was approv-
ed by the Tax Appeal Court, whose
valuation the Supreme Court now af-
firms. Holmes & Stanley for taxpay-
er; Robertson & Wilder for assessor.
COURT NOTES.
1t is stipulated in the suit of T. II.
Davies & Co, Ltd, VS.. F. H. Redward
and f. NJ. Swanzy garnishee, that the
evidence of Mr.. SwanZy taken in the
matter of the Arthur Harrison Mill
Co., Ltd, VS.. +. II. Redward and f. NJ.
SwanZy, garnishee, may be reduced to
writing by Stenographer j. NJ. Horner
and used as evidence by either party In
the cause first mentioned.
NJ w. Tschudi, executor of the will
of Jennie Blatchford Tschudi, has filed
an inventory showing the estate to
consist of life insurance policy for
$250O.
Jonah Kalananaole has appealed by
writ of error to the Supreme Court
from Judgment against him at the suit
of w. w. Dimond & Co., Ltd, in the