The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1904-09-30

eansa pui N isn 10 testify fct sbs
tlottfrHeHtf witness answered Ne
Was anI that he had been IN the Iall
since me trouble
II W hoped mat tire fetal viil be con
Cluded today
UNFORTUNATE CLAIMANT
Mrs Anna aefis. IN her own behalf
aud as exeruiux " the viii ~ chris.
tian ueftz deceased has iiied mo.
iinn w the supreme Court 20 advance
her petition TOT wfits ~ mandamus IN
the uefts mortgage matter ~ the head
~ the October term calendar. Tier rca.
son II that the first cause noted m the
newspapers 10 be taken up In that "
appointment of n trustee for the Bnns
ming estate, and that her petition has
so do with the Banning estate under
what she says II the illegal trusteeship
of j. Alfred Magoon II IL may be
shown that the principal In the Ban
ming estate cannot be touched. then
SUFFICIENT interest will be In the probate
court coming to Banning to settle dam
ages and waste committed In the Gertz
mortgage matter.
II IL set forth that w. o. Smith and
Holmes " Stanley. declared In the petit
ton to hold property Illegally. ought
| to join In the prayer to have the Gertz
mortgage matter examined before a
trustee is appointed to the Banning
estate.
Mrs Gertz says IN her writing that
| not one such an important cause liz
| on the calendar. where family has
been robbed of all their earnings and
a widow, first as wife. struggling for
the return of the property. unable to
| secure an attorney to act honestly. ev-
cry one had another excuse. commence
ing by"--here the complainant names
sixteen lawyers. one of whom is now
| a Judge, whom she retained or con-
| suited at various times from the year
| 1896 onward. Some of them We're paid
retaining fees but none did anything,
according to the document but de
| ceive." I'm this list" it is further stat
ed, are not included officials, who did
also deceive"
Complainant relates her payment of
costs in different proceedings and con-
cludes thus:
1T may appear to this honorable SUI
preme Court that conspiracy existed,
and movant believes herself entitled to
be heard first, instead of the appoint
ment of trustee for Bannings estate
MOTION FOR NEW TRIAL.
H. G. Middleditch, trustee in bank
ruptcy of Chas. f. Herrick Carriage
Co., has filed motion for new trial
of his case against ]. Kalanianaole,
saying that the decision and judgment
in favor of defendant were contrary to
the law and the evidence, and that
since the trial newly discovered and
material evidence has become available
in that W. 7. Rawlins, referee in bank
ruptcy in the u. S. District Court, will
testify to plaintiffs regular election as
trustee of the Herrick corporation in
bankruptcy.
CAPTAIN CAMERON'S WILL.
Mrs. Agnes Cameron has filed petit
ton for probate of the will of her late
husband, Captain Edward f. Cameron,
whose estate as mentioned in the petit
ton, consists of a life insurance policy |
for $4,000, a policy insuring burial ex-
penses in the Mutual Life Insurance |
Association of Masters and Pilots of
Steam Vessels, and personal effects to
the value of $3.50.
The will was executed on May 10, 1904, |
in presence of I. Fl. Hughes and ]. r.
Macaulay. To his wife the teStator |
devises and bequeaths the insurance |
policies mentioned above, also the house |
and lot All Beretania avenue, and the |
burial lot in Nuuanu cemetery. His |
stepdaughters, Lulu and Clara Came |
ron, are bequeathed his gold chain to |
be converted into two gold bracelets |
to be worn by them in remembrance
of him. Willie Cameron receives his
gold watch and Gordon Cameron five
dollars.
PACIFIC HEIGHTS RAILWAY.
In the matter of foreclosure of trust
deed brought by w. o. Smith, trustee,
against the Pacific Heights Electric
Railway Co., Ltd, and others, Sister
Albertina, as trustee for Stella X.
Cockett, answers as one of the respond
ents for herself. She denies various
and prays that it may be
decreed that she, is the owner of the
rails, overhead wire or cable and wire
hangers alleged by her to be upon the
lands owned by herself. Her claim thus
set up covers 141 feet of the Pacific
Heights railway.
THE HAMA LITIGATION.
In the case of Sgmund Greenebaum
and Charles Altschul, trustees, against
the Hama Plantation Co., M. S. Grin
baum & Co., Ltd, and Union Trust Co.
of San Francisco, the Grinbaum COM
pany by it's attorney, w. Austin Whit
ing, enters joinder in the demurrer
of the Hama company to it's answer
and cross bill, saying 1t will maintain
its answer and cross bill as good and
sufficient in law, fact and equity. Mr..
enters his appearance as at
torney for the Union Trust Co.
COURT NOTES.
The trial of Frank J. Turks suit
against Estrella Turk for replevin of a
horse, buggy and harness was begun
without jury before Judge Robinson
e. A. Douthitt for plaintiff;
=. c. Biting for defendant. II
Harry j, Johnson VS.. Lee Toma &
20. is set for trial by jury before Judge +;