The Hawaiian gazette., 1905-08-08

ssM|LL|ONS

bill in equity for the construction
of will has been filed by Abigail X.
Campbell Parker. Joseph o. Carter and
Cecil Brown, trustees under the will
and of the estate of James Campbell,
deceased, VS.. Abigail *. Campbell
Parker, Abigail w. Kawananakoa,
Alice X. Macfarlane, Muriel X. Camp
bell, minor, Beatrice U. Nary
Campbell, a minor, Abigail Helen Ka-
piolani Kawananakoa, a minor, David
Kalakau Kawananakoa, a minor and
Kawananakoa, a minor.
Judge Lindsay's order discharging
the compliments as executrix and
executors of the estate, and directing
them to distribute the property, real
and personal, is mentioned.
1t is stated that the real property is
of the value of 100000 or Whereabouts,
and the annual rentals therefrom about
$50, 600, while the personal property in
the hands of the trustees is of the
value of 100000 or Whereabouts. invest
ed so as to yield an annual income of
about $4,000.
1t was provided in the will that the
trustees keep separate the accounts
pertaining to the realty from those
pertaining to all other property of the
estate. The trustees go on to state
certain doubts in their minds as to the
true construction of the will.
By the third clause of the will the
testator bequeathed to his wife, now
Abigail X. Campbell Parker, a sum of
money equal to one-third of what the
court should finally decree TO be the
value of the personal property at the
date of decree, after the payment of
all debts ana obligations as directed
by the second clause. 1t was provld-
ed that the amount should be paid in
cash and, if the condition and inter
ests of the estate should not warrant
the payment of the entire sum at one
time, the executrix and executors
should pay the same as rapidly as the
income and interests of the estate
would permit, without the sale of real
or the sacrifice of personal property.
BY decree of August 81, 1900, the
value of the personal property was
found to be 81 O73, 225.74 and it was
ordered that 1851, 741.9l, being third
thereof. should be paid in the manner
provided by the third clause of the
will to Abigail X. Campbell Parker.
The conplainants are uncertain as
to the sources from which payment
should be maize, whether they should
and personally as we'll as from the
~.
tors death and proceeds of persons
atty subsequently converted.
By the fourth clause 1t was provided
/ that the wife and unmarried children
should have the free use and occupa-
1 ton of the Emma street and Diamond
Head deahD residences, to be main
| tanned for them under the trust during
/ the wife's life and thereafter while
all of the testator's children then liv-
ing should be entitled to reside there-
in. The cost of maintaining and re-
pairing the residences since the death
of the testator has amounted to s46,-
600 or thereabouts, which has been paid
by the complainants. They are uncer-
tain as to whether this sum should be
charged against the principal of the
personally or the income thereof
BY the fifth clause as carried out
thus far under decree of the court, the
compliments have paid Mrs. Campbell
Parker $500 n month as family al
lowance" for herself and children, to
the amount of 1913 600 up to the date
of their discharge. They are in doubt
as to whether this sum should be
charged against the principal or the
income of personally, or against the
realty, or against all of those three
funds or any two of them. Also, as
to whether Mrs. Campbell Parker, aft
er their discharge as executrix and
executors, is entitled to any family
allowance"
At various times, in managing the
estate, the compliments have paid an
aggregate of $4,000 as expenses in