The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-01-23

without a license. was sentenced py
Judge Robinson to pay a fine of 500
and costs.
NIGEL JACKSON'S HEIRsHIP.
NJ T. Simontons report as master
on the account of F. w. Macfarlane,
administrator of the estate of Bella D.
Friel, was approved by Judge Robin
son together with the accounts. The
receipts were $S87.82 and payments
s7S247. The inventory shows personal
property of the value Of s16950. and
real property valued at 1872. There
is a claim likely to arise for rents of
the real estate, the master having
been informed that the land, a lot at
Waikapu, is occupied by the executors
of the estate of w. H. Cornwen.
Judge Robinson took testimony to
ascertain the heirs. A question ex-
listed as to Nigel Jacksons right of
inheritance in the estate, which turned
on whether his wife or her mother
Mrs. Friel, died first when they were
overcome by the flames of the burning
Friel home Had the daughter died
first, she would have left no estate.
mother was the first to decease, hence
the daughter inherited and Nafter her
brief heirship her husband. Mrs.
Jackson fingered a few hours after
being extr1cated from the burning
house. while only Mrs. FriePs charred
body was found. The administrator
is ordered to deliver over the property
remaining in his hands to the persons
named here as follows: James H. Friel,
%, son, one-third: Georgiana Friel, ID,
daughter, oneJthird; E. B. FrieI, hus-
band, one-sixth; and Nigel E. G. Jack
son, son-in-law, one-sixth.
There have been several notable
cases on the Pacific Coast, where in
heritances were decided, as in jack
sons case on the question of priority
of death between husband and wife
when both had persisted in one catas-
trophe. Consul Wildman and wife's
drowning in the steamer Rio de Janeiro
disaster was an instance.
CHURCH LOSES CASE.
James w. w. Brewster VS.. F. J.
Church, trespass on the case, came on |
for trial before Judge Gear yesterday |
A. H. Crook appeared for the |
E. A. Douthitt for the defend |
ant. The following jurors were mutual |
" found satisfactory: John j. Sulli- |
van, Herbert G. Austin, Harry E. Web |
ster, John Edwards, r. H. Worrel, |
VIM. f. Jocher, J. M. Webb, E. H. |
Jonathan Shaw, David Ha-
emanu, Frank E. Blake and Elan P. |
Chaplin:
A directed verdict was returned for |
the plaintiff in the sum of $1,000 with |
interest of six per cent per annum from
Sept 9, 1903. Mr.. Douthitt noted eXcep-
lions and gave notice of motion for
new trial.
The issue came out as one OF law, in
the construction of a contract, hence
the direction of the court to find a YER
1ict for the plaintiff. 1t was a contract
Church agreed to sell mis- half /
interest in the Honolulu Photo Supply
Co. for $4,000 to Brewster, who paid
Down $1,000 as earnest money to be re-
funded after ninety days if Brewster
could not effect a partnership with Mr..
Warren, partner of Mr.. Church. Brews-
Ter in due time rendered the balance
If $4,000 to Church for concluding the
transaction, but Church declined to
make the sale for lack of ability to sell
without the consent of Warren. The
defendant was not allowed to give evil
lence regarding Warren's part in the
transaction, the issue being confined
strictly to the written contract.
NEW JURORS.
Deputy Sheriff Albert McGurn made
return to Judge Gear of the following
named jurors as summoned: Charles
Charles p. Osborne, Henry
P. Roth, George Kalaluhi, George
Childs, Elan 2. Chaplin. John Kahue, |
Fl. P. Benson, B. S. Gregory, George
Robert Ball. Joseph Kaia. !
Lewis c. King, William F. Jocher, Hen
~ P. Kaohi, David Go1dstein, Southland |
Hoffman, Jr., Henry Publ, r. H. Wor- |
rell, J. Alex. Lyle, H. G. Austin, E. r. |
Bath. Andrew T. Bannister, Jonathan |
Shaw, Frank Hustace, Charles S. |
Crane, r. w. Davis. Frank E. Blake. |
Levi K. Nakea, David HaIemanu. ]. J. |
Sullivan and William F. Erving.
Several of these were excused.
COURT NOTES.
Haalilio Kapololu was appointed adj |
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