The Hawaiian gazette., 1904-05-27
NEW TRUST
OF BISHOPS
Present Document Gives
Income to the
Heirs.
dFrom Wednesdays Advertiser,

J F'rom Wednesdays Advertiser)
Charles II. Bishop and EVELYN G.
Bishop VS.. E. Faxon Bishop and j. o.
Garter Is the title of an action begun
In the Circuit Court to execute q trust
deed. The petitioners set forth that on
October IA, 1901, c. H. Bishop conveyed
and transferred to the defendants GER
tain real and personal property, the
net income of the trust estate to be
paid to c. H. Bishop for life, and up
on his death the trust estate to be con-
veyed free and clear of the trusts, TO,
such person or persons as said c. H.
Bishop might designate by his last
Will to receive the same, subject, how
ever, to the dover right of the wife of
G. H. Bishop. 1t is stated that no
beneficial interest in said trust estate
contingent or otherwise was vested
In any other person or persons out
side of the petitioners, and no other
person has any possible right under
the trust deed. On April %, 1904, the
petitioners executed a deed or declara-
ton of trust whereby the terms of the
original trust deed were modified in
some respects and new trusts and OBJ
legations were created hereunder. The
intention OF the said trust deed was
to make a permanent settlement upon
Evelyn Bishop and her children At
the time the settlement was effectuated
separation was granted Evelyn
Bishop against c. H. Bishop by Judge
Hardy Of the Fifth Circuit. and the
parties are now living separate and
apart This petitioners have requested
the defendants to accept the new trust
deed, and the latter are willing to COM
ply, and are willing to abandon the
further carrying out of the first
trust deed, but doubt their authority
to do so. The court Is asked to ad-
judicate the matter.
The original deed shows a transfer to-
defendants of land on Kewalo street,
promissory note of the Lihue Planta-
ton Co. dated June Is, 1901, for $17,-
800; cash in Bishop & Co.'S Bank, $6,-
659.4O; cash in Bank Of Hawaii, $5,-
5SS.OS; note and mortgage for 500
of e. B. Thomas to Charles H. Bishop,
the premises on mauka side of King
street between Bethel and Nuuanu
streets and sundry shares in various
plantation companies and corpora
tions. The new deed provides for a
distribution of the property among the
children of Evelyn Bishop.
NEW QUESTIONS.
Reframed interrogatories in the
divorce suit of Frederick w. Mage.
VS.. Mary (Mollie) Mage, were filed in,
court yesterday by libellee's attorneys:
to be made in San Francisco. in which
the relationship of Frederick w.
Mage and one Lilly Burke are set
forth.
The Courts order for publication of
foreclosure proceedings in the case of
F. A. Schaefer & Co. vs. Maui Sugar
Co. was filed yesterday.
COURT NOTES.
The case Of Almy VS.. Cotton Bros
for loss Of houseboat, was submitted
in Judge Dole's court yesterday ON
briefs.
A stipulation between Excelsior
Lodge No. 1, I. o. o. F., VS.. Honolulu
Rapid Transit Company, was filed yes
terday by defendants attorneys in
which the complainant is given until
May 27 to file it's brief or demurrer to-
the bill of complaint.
In the case of w. c. Parke VS.. J. w.
Cathcart, the Bank of Hawaii, Ltd,
an order has been filed remanding the
matter to the Circuit Court in ac-
cordance with the decision of the Su-
preme Court.
In the case of the Government Vs.
Cotton Bros, in re the loss Of the
dredger at Pearl Harbor, the testimony
of Captain Parker who was in charge
of dredging operations when the dredg-
er sank, was taken yesterday and was
concluded at 4:30 p. m. Judge Gear
held court half an hour longer than
usual in order that all the testimony
could be taken, as Mr.. Parker leaves
today in the Alameda.
United States District Attorney
Breckons, accompanied by Mrs. Breck-
ons and child, leaves on the Alameda
today. Mr.. Breckons will attend the
Chicago Convention as one of the
Hawaiian delegates.