The Hawaiian gazette., 1904-08-02

tie, of Samuel Parker. to have A. w.
Carter removed as guardian of Annie
II. X. Parker, Mrs. Knight, mother of
tee minor, has filed a motion, asking
thst the petition of J. S. Low be dis
missed, upon the following grounds:
]. S. LOWS INTERESTS HOSTILE
TO MINORS.
1. That said j. S. Low has been and
is now representing and has personal
and property interests which are hos
tile to and in conflict with the personal
and property interests of petitioners
said minor daughter, and which hostile
property and personal interests are
necessarily involved in these proceed
ings;
g That said j. S. Low, in bringing
said suit and prosecuting the same, is
a mere intermeddler and is not a bona
fide next friend of said minor: and is
proceeding therein for the purpose of
aiding and cooperating with Samuel
Parker. Eben p. Low and F. Wunden-
berg and j. A. Magoon and Joseph
Lightfoot, attorneys for ]. S. Low
herein, in an attempt on their part to
obtain management of the estate of
yNuG ptllllOltI > uttuShltl ~
conjunction with the management OF
the estate of said Samuel Parker, ana
to secure for the Hamakua Ditch Com
2any, of which said j. S. Low is
stakeholder and officer, and of which
said Samuel Parker Is the chief pro-
muter, for as small consideration as
POSSIBLE, a right of way over that por-
ton of the land of Paauhau owned eX
clrsively by said minor, and to pro-
note sale of the fee Of said interest
OF said minor in said land of Paauhau
TO the Paauhau Plantation Company
| ron terms acceptable to said Paul
Eau Plantation Company irrespective
Of the interests of said minor in the
premises;
CONSPIRACY ALLEGED
9. That said ]. S. Low is party in
conspiracy with the said Samuel Par
ter, Eben Low, Fred Wundenberg, ].
A Magoon and j. Lightfoot, as more
particularly hereunder set forth, TO
make fraudulent and illegal use of the
estate of petitioners said daughter Tor
Z their own ends and purposes and TO
promote such ends by procuring the in
stitution of the proceeding for the re-
moval of A. w. Carter from the guard
ianship Of the estate of said minor.
cot because he is in fact unfit or should
b, removed as such guardian, but be-
cause he is an obstacle to the accom-
pljshment OF their plans and purposes
aforesaid, end by securing control. di-
rection and management of such FRO
Ceedings In their own interests and
against the interests of said minor by
procuring the appointment of said ].
SsLow as pretended next friend of said
minor with authority to bring said
suit, and by securing j. A. Magoon and
j. Lightfoot aforesaid the position of
attorneys for said minor in said suit.
MOTHERS NATURAL RIGHTS.
4. That this petitioner, as the moth
er of her minor daughter is her nat
ural guardian and protector, and that
this petitioner has no interest whatso
ever in conflict with or adverse to the
laterests of her said daughter nor Is
she averred or shown to have done
ought to forfeit her natural right to
have the first say as to who shall con-
troll the property rights of her daugh-
ter, and that in the exercise of such
unimpaired right she emphatically
protests against the retention of j. 5.
Low to act herein as next friend oe her
minor daughter.
And in support of the foregoing
grounds, your petitioner AYERS:
The petition alleges that the minor
ia 10 years old;
That the minors father John p. Par
Ter third died when Annie Parker was
seven weeks old;
That petitioner was married to F. S.
Knight in 1900.
WHO SUPPORTED ANNIE PAR
KER.
Fifth That for some time subse-
quent to the death of her husband,
John p. Parker the third your pc IT,
toner was not aware that her said
Daughter was entitled to any share or
interest in the Parker Ranch or to any
other property through the said John
p Parker the third; That after the
Death of her husband petitioner resid-
= with Hanai Parker widow of John
=. Parker, uncle of said Samuel Par
ker, who was tie father of said John
T.. Parker the third, and that she and
ier said daughter We're supported by
Ter with assistant from petitioners
fetho" James /. Dowsett, petitioner
being allowed by said Hanai Parker
the sum of 1890 per month as spend
ing money for herself and said daugh-
ter for clothing and for necessaries
outside of board and lodging;
SAM PARKER'S DECEIT.
Sixth: That in 1894 petitionera at
tention was called TO her daughters
rights In the estate OF her father John
+ Parker the third by outside parties
whereupon petitioner referred the mat
ter to her said father who thereupon
made Investigations and learned that
petitioners daughter was heir To an of
N, property devised 90 the father OF
said daughter by John y Parker the
second and In this connection petition,
~ says that the said samuel Parker
from the date NJ the death NJ petition
sr's nrsl husband up IN the lime prllr
llonnr Was advised that her daughter
haf larfr nlopvrlY rlEhls under lhe Nill
~ John I Parser lhr freani never