The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-09-04

tratrix, Mrs. Jessie Kaae. turn over to
Edgar Henriques, as attorney in fact
for DR.. Carter and guardian of the
minor children, all the chattels specif-
cally mentioned in her supplementary
inventory except .Hone fur cloak also
all property mentioned in an affidavit
of Henriques. upon the giving by him
Of an Ntemized receipt therefor The
order is based on affidavits of Lorrin
Andrews. attornay\ for Henriques. of
Henriques himself Snd of DR.. a. B.
Carter. together with the written con-
sent Of c. ". Ashford, attorney for adj
Yninstratrix. The latter communication
suggests that II would be advisable for
DR.. Carter to release the homestead for
purposes Of revenue if he does not in
tend TO occupy it, and concludes by
saying:
.sOn behalf of the Administrative I
would again express her indisposition
TO incur any hostility or illwin on the
part of the doctors faraily or repre-
sentative. I have advised and shall
continue to advise only such action on
the part of the Administrative as will
adequately protect her and her surety.
That end secured, it shall he the policy
of the estate TO consult in all respects
the convenience and wishes of DR.. Car
ter and the minor children of the de-
ceased"
Some of the more valuable articles,
the letter states, are locked in the inner
vault of Mr.. Ashford's safe and Mrs.
Kaae's former surety, Emmett May,
who has left the Territory, holds the
key to that receptacle unless he left it
with his agent.
SENSATIONAL SUIT.
John A. Cunnins has sued out bill
in equity for cancellation of a trust
nalo to j. o. Carter, made on October
/. 1896. Joined as defendants are many
persons presumed to have interests in
the matter, chiefly the heirs at law of
the petitioner. The allegations are
sensational. They represent that Mr..
Cummins executed the deed under
duress, being threatened by w. A. Kin
ney with proceedings in court if he re-
fused to agree to a division of his prop
erty with Kahalewai, his then wife,
who had consented to a separation
without publicity on those terms. His
refusal would have been at the cost of
exposure in court of improper domestic
relations, OF keeping a house for gam
bling and of dissipating his estate.
Under such threats he says he went |
to the office of his friend and agent, |
j. O.. Carter, where he met Carter, S. |
NJ. Ballou, A. S. Humphreys and Kin |
ney. Afterward Carter advised him to |
give the trust deed. When it was read |
to him he understood its tenure was |
to be only for Kahalewai's lifetime,
giving her $3.50 month, and as he did
not understand English thoroughly he
the assurance of Carter that
the deed was s'au right" Another rea-
son that Influenced him in signing the
Iced was that he had been fined $4,000
for reasonable conduct toward the Re
public of Hawaii.
The deed conveyed the property in
rust 10 Carter to be held irrevccably
'or the benefit of Mrs. J. A. Cumnlins
.KahalewaD, Mrs. NJ. K. Walker, Mrs.
James Mersberg, T. P. Cunmins and
Nay CumInins Creighton, Kahalewai
lied September 10, 1902, and later petit
Toner married Elizabeth K. Cummins.
t was then, on his asking Carter for
money for his wife, that he was in
orned that the trust deed irrevocabIy ,
the property to j. o. Carter
IS trustee, without any right or title {
herein of Cummins except to receive /
he net rentals during his life.
Petitioner wishes to make suitable i
PROVISION for the support of his present |
wife, therefore prays that the trust {
eed be declared to have been made by s
etitioner without sufficient under S
landing thereof and that it be can r
h