The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1904-08-30

sale was legal and fair. H. van Gieson
has also fled a demurrer. 1t appears
van Gieson, who is policeman, bought
the property at sheriff's sale, but he
says he did so in his individual capaci-
ty. and High Sheriff Brown denies that
tie fifty per cent. deposit insisted on
was TO keep out bidders ether than van
Gieson.
HIGHWAY INJUNCTION.
William McCandless demurred TO the
bin to restrain obstruction of highway
brought against him by the Territory
of Hawaii on the relation of Lorrin
Andrews, Attorney General. 1t was al
legged in the petition that there is and
has for q long time been a highway
in Honolulu extending from King street
to the rice mill of 7. Ahin. Respond
allegation was insufficient, inasmuch as
the manner whereby the alleged high
way was established was not set forth.
judge De Bolt overrules the demurrer
and gives the respondent five days
within which to answer, quoting the law
as being that 1.-The thoroughfare alleged
to be INSTRUCTED should be described as
a public highway but the manner in
which it became such need not to be
alleged
MRS. CLARK'S WILL.
The will of the late Annie Clarke
was admitted to probate by Judge De
Bolt, and Thomas K. Clarke, husband
of the testatrix, appointed sole execu-
tor without bond as directed in the
will. Henry Holmes appeared for the
petitioner After the payment of her
Just debts and funeral and testament
telry expenses, the testatrix gives her
daughter, Bella Hatfield and Fanny
Babcock 800 each All the remainder
of her estate is devised and bequeath-
ed upon trust to her husband and her
son, John Clarke, to permit her hus-
band, Thomas K. Clarke, to have the
use and enjoyment and receive the
net income thereof during the
term of his natural life for his own
use and benefit. without Impeachment
for waste, and, on the death of her
husband, her residuary estate shall be
held in trust for her children, Mrs.
Joseph Little Mrs. Norman Watkins,
Emily Clarke, Benjamin II. Clarke,
John K. Clarke and Robert Clarke, in
equal shares. The estate consists of
realty valued at $4,000 and personality
at s1,537.5o.
THE PHILLIPS ESTATE.
Judge De Bolt appointed p. d. KEEL
lett Jr. as master to report on the
final account OF Cecil Brown, execu-
tor of the estate of William Phillips,
deceased. and to compute the inherit
tance tax. There is a balance of ST.
$50. % to be distributed. One-half of
the estate was LETT to the widow ana
the other half to the heirs of Sarah
Phillips, sister of the testator. Five
such heirs have been judicialiy discov-
cred, living at Syracuse. N. Y. Be
sides the personally there is real prop
erty belonging to the estate, being land
at the northeast corner of Fort and
Kukui streets of an appraised value
of $500.
CONGDON ESTATE SALE.
Charles Phillips, administrator of the
estate of Henry Congdon, deceased, |
gives notice of sale of the following
pursuant to the order Of
Judge Gear, viz: Piece of land at the
south slope of Punchbov1 Hill, con-
an area of 2,150 square feet,
and lots l, 2 and of Kapioiani park
addition. The sale will take place at
the judiciary building on Monday,
10, at II o'clock noon.
OTHER PROBATE MATTERS.
Judge Gear appointed Wahinelawaia
administrative of the estate of
Ben Kaunahi, deceased, under $50
bond.
The accounts of s. Achiai, admins
traitor of the estate of Mokujiro Saku-
ragawa as amended by the report of
VIM r. Sims, master, We're approved
by Judge Gear 1t was ordered that
the administrator be discharged on
fling of receipt from widow OF her
share of the balance of SS26.72 and de-
posting in court s6729l as the share
of the minor child.
OTHER KAILUA DECISIONS.
Judge Matthewman also overruled
defendants motion to vacate the or
der appointing a receiver in the Park
er Ranch case. He also refused to
grant defendants motion to dismiss
the I bill brought by a. w. Carter on
which a receiver was appointed. Judge
Matthewman also enjoined Samuel
Parker and his attorneys from further
the action against the
Meat Company. He de-
MED Carter's motion to enlarge the
powers of the receiver. The decisions
on the whole are favorable to a. w.
Carter
COURT NOTES.
The Metropolitan Meat Co., Ltd, by
its attorneys, Holmes & Stanley. files
a general denial to the complaint of
Samuel Parker.
Judge De Bolt granted a decree of
divorce to J. H. Kunewa against Fan