The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1905-01-12
MRS, NEUMANN
GOES TO LAW
Continued from page o.

PENDANTS and respondents, fully reCuE-
nizing and admitting the rights OF the
estate Of said Paul Neumann, deceased,
! in the premises, approached this COM
| plainant, then and there well known to
said defendants and respondents to be
the surviving widow of said Paul Neu-
/ mann, deceased, and stated and declar-
! ed and represented to her that they, to
I wit. said defendants and respondents,
would present and prosecute all said
claims so filed as aforesaid with said
! Commission by said Paul Neumann up
/ TO said July End, 1901, the said date of
said death of said Paul Neumann de-
| ceased, and that the estate of said Paul
! Neumann, deceased, should receive the
compensation agreed upon for the pre-
paration, filing, presentation and prose-
cution of said claims, and that they, to
| wit, said defendants and respondents,
would account to said estate for the
same; and said defendants and respon-
dents did then and there further state,
declare and represent to this claimant
that said estate of said Paul Neumann,
deceased, should receive a reasonable
percentage upon all other claims in the
hands or office of said Paul Neumann,
deceased, although not filed at said
1 date of said death of said Paul Neu-
mann, deceased, and that they to wit,
said defendants and respondents would
account to the said estate for the same
And i'm this behalf this complainant
shows that she relied fully upon the
aforesaid statements, and by reason
thereof, a fiduciary relation of the most
confidential character was established
between this complainant and said de-
PENDANTS and respondents; and this
complainant shows that she entertain
ed unlimited trust and confidence in
said defendants and respondents, and
that she turned over and delivered to
said defendants and respondents all
; papers in her possession or under her
: control relating to said claims, and put
, said defendants and respondents into
T possession of all facts within her
knowledge relating thereto. And this
complainant further shows that by
reason of the premises, and not other
q wise, said defendants and respondents
proceeded to, and did, present, and file
, and present, said claims to said Com
, ! mission, and diu receive therefor the
4 said compensation hereinabove refer
! red to, but how much this said cOmpen-
, sation amounted to this complainant is
/ unable to state, and in the absence OF
, a just and proper accounting cannot
o state.
Your oratrix shows that heretofore
. to wit on May 9Th 1903 said defend
= ants and respondents, made to YOU
- Oratrlx on account of the premises, g
= partial payment amounting to the sun
= of Five Thousand Dollars; but shows
= that no final settlement or accounting
= has ever been made 81 had between
, your oratriX and said defendants an,
= respondents or either of them: tina
since said May 9Th, 1903, your oratri:
has applied repeatedly to said defend
ants and respondents to come to a fina
- settlement and accounting with respeC
to the premises, but although your ora
y triX well hoped that said defendant
> and respondents would comply witt
your oratrix's reasonable request, as il
= Justice and equity they ought to haV
= done, yet said defendants and respond
II ents absolutely refused so to do. Ant
u your oratriX further charges and show
= that upon a just and true settlement
II and accounting herein, it will appea
t that a considerable balance is due fror
= said defendants and respondents to SAT-
n estate Of said Paul Neumann, deceased
in respect to and growing out of tn
promises; and in this behalf, your ora
rriX shows that the accounts involve
herein and the accounting herein de
manded and prayed for are so compli
Gated that they cannot be convenient
taken in an action at law.
/ And to the end, therefore, that you
! oratriX may obtain relief in the prem
Uses in this Honorable Court, where sh
!, alone can obtain relief, she humbl
prays:
e "(a). That said defendants and re
spondents, and each of them, be com
PEELED to answer each ana every allie
cation herein contained, but not unde
lie oath, an answer under oath being here
10 by expressly waived
"(b). That said defendants and re
ez spCndents, and each of them, be com
= PEELED to render unto this court full
e true, perfect and complete account G
a all and every the matters and thing
d herenabove in this bill alleged.
lie "(c). That an account may be take
T. herein of all and every of the matter
ID ard things, dealings and transaction
Is hereinabove in this bill alleged and re
= ferred to.
n "(D. That said defendants and re
N spondents, and each of them, be direct
" ed upon the taking of said account
,e to pay to your oratrix what, if any
4s thing, shall upon said account appea
F. to be due from them, or either of then
al your oratrix being ready and willing
ID and hereby Offering, to pay to said de
PENDANTS and respondents, and unit
70 each of them, what, if anything, sha
"a appear to be due to them, or either {
them.
"(e). That your oratrix may hav
from said defendants and respondent
- and each of them, and that said de
g. PENDANTS and respondents, and each {
-, them' be directed to pay to your ora
~ trix legal interest upon whatever sun
- shall, upon the taking of said accoun
appear to be due to her from and aftt
III the due date of any such balance.
20 '(). That VOur ora tr-ix NAV hay