Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1904-09-03
CUNMINS WOULD b. tHEE
Continued from Pane 1. !

| house. gambling house, and are dis
! sipatlng the property. and your v hoe
manner ~ Hving win he exposed IA
Court
Al that time petitioner was bauRg
| improper relations with a woman not
his wife and believes that this Was
what Kinney referred to whereby ~
| put petitioner In fear that these a,a.
tiers would he exposed in court should
he fail to accede to his demand. Re
I titioner was averse to q separa iol
and IA division of the property and be
! also dreaded that by the threatuhel
| exposure the name of the woman 80.
! his wife as we'll as the names OF mis-
children would suffer disgrace. On &C.
f, count of these fears he was unable
absolutely refuse Kinney's demand
! and he agreed with him that he wui.h
go to see his friend aud agent, J. y.
Carter, in the morning.
The next morning he went to j. y.
! Carriers Office. Carter, $. NJ. Ba. ~.
| a. $. Humphreys and Kinney MCtc
there having consultation In watt|
| ho believes the latter three were try
| ing 10 persuade Carter to advise pc,
| toner to agree to the division o. mis-
property. Soon afterwards he la
conversation with J. o. Garter Al.
which Carter said that the three .aG
yers, as Kahalewai's attorneys, ..u
told him that petitioner was living ,.J
fast and that he must agree to i've
her certain property TO secure an IN
f, come for her support Said Carter
| They want you to give the truss d-uI
or he taken To court
! The petitioner was not sqIani n
bis income but he was AFRAID III. TO-.
attorneys would bring about the ..
pDsUre of the improper relation +.
toTrcl 10 above. and believes tua. IL
was their intent TO threaten him and
coarce him. Carter, who had ben ais
trusted friend and agent, advised him
70 make the trust deed. Being H. oar
ct exposure and on the advice o Car
iter petitioner signed the deed on Oc-
toh.r !. 1896, ana ever since un !. tae
death of kahalcwai this fear and
dread restrained petitioner from seek.
ing relief
Petitioner alleges az a further
ground that the trust deed was made
without his having full understand.
ing OF It's provisions and that ne mas
now learned that the deed contains
many provisions which he did not
Know existed. just after the CONVEX
sation IN Carter's office referred &c
above, Carter told him that the trus,
deed provided Il so that petitioner
would get all the income with tho ex
'ception of $3.50 per month for Kahale
wal, ana that Carter would continue to
manage the property.
. "a nj T.,
deed but relied on Carter who, howev
or, did not explain to him the scope oil
the deed.
Shortly afterwards Kinney. Ballot
, and Humphreys prepared trust deed
which, after being altered by Carter
was read through by him to petitioner
!. In English. Petitioner thought thai
the sole aim of the deed was 10 insurI
his wife $3.50 per month and that OF
: her death the purpose OF the deed
would be accomplished. The petition
or is part.Iiswaiian and did not under
stand the phraseology of the deed, hui
lielled on Carter, who said IL was al
right" He did not understand the
force and effect of the deed, but re
lied on J. o. Carter. who he now un
derstands misadyised him
kahalewai died September 10. 1902
and petitioner married Elizabeth X
. Crmmins. He then asked Carter L
ipay certain parts Of his income to hi
wife, when he found that said trus
deed was an instrument conveying ir
= revocably the property to J. o. Carter
], rs trustee, without any right or IT'LL
!. 10 petitioner except to receive ne
A rens during his life. Petitioner wishe.
q 10 make suitable provision for the sup
, port Of his present wife.
Wherefore petitioner prays that tn,
= trust deed he declared to have beef
. made by petitioner without sufiicion
. understanding OF same and that II b,
n cancelled. That J. o. Carter be order
ed to deliver to petitioner all the prop
erty held by him under said deed o
trust. Also that the respondents b
adjudged TO have no right or interes
In the property affected by the trus
deed