The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-09-01

WILL. CASE

Abigail X. Campbell Parker yester-
day fled an answer to the bill In
equity for construction OF the will OF
the late James Campbell, In which she
is both complainant and respond
ent. She admits all the allegations to
be true excepting where it was stated
that s3l9715 was expended by her Tor
the travelling expenses and mainte-
nance of four of her children, while on
a tour from Honolulu to California In
1900, as she says 1t was for two OF
her children. She makes claims as
follows:
That the payment of the bequest to
her of one-third of the value of the
personal property, after paying just
debts and funeral expenses, should be
paid out of cash on hand and pro-
ceeds of personally subsequently con-
verified by the executrix and executors,
and, or, the income from personally
other than the portion bequeathed to
her.
That the $780, 900 expended in MAIN
tenance and repairs of the residences
at Emma street and Leahi should be
paid out Of the gross income from
the realty.
That the 1913, 900 paid to her for family
allowance for herself and children
should be- paid from income of the
personality other than the portion be-
queathed to her.
That the authority of the executrix
and executors to pay her any family
allowance ceased upon their discharge
July 3, 1905, and that it is now the
duty of complainants as trustees to
obtain an order of court to pay out
of the income of the realty and person.
atty, other than such as was bequeath-
ed to this respondent, such further
sums as may be necessary for such
maintenance, education and foreign
travel as may be suitable and desira-
BILE for children that are minor and
unmarried.
That expenses incurred in connec-
ton with the realty-commissions in
surance, taxes, etc.-amounting to $780,
against the realty.
That the sums of $319715 and $5S4.S
paid out for maintenance, travel ant
education of the children was neces
sary, suitable and desirable to thei
i, means and condition.; that the regula
allowance of $500 a month for sucl
purpose was inadequate; that the ex
penditures have been allowed by tn
, court in probate, and that the expendi
ture should be allowed to her as
: charge against the estate, and pai'
: to her out of income other than wha
was bequeathed to her.
That the respective interests of tn
children in and to the property vest
> ed In the trustees for the benefit o
: said children ARE not absolutely vest
ed in them or any of them, but ar
contingent upon the event of marriag
. or reaching majority"
Finally, that the true intent of tn
i testator as expressed in his will wa
that this respondent should take a
> absolute property in a sum equal t
/ one third of the personal property aft
l err the payment and discharge of hi
i debts; also one-third of the net reve
nues from the realty after the paymen
. of the costs of management, contrc
L and preservation thereof and the re
d pair of the Emma street and Leaf
residences, for and during the term @
her natural life; also the right of oc
/ cupancy of said residences during he
> natural life, and also an allowance 70
her support during the administratio
l of the estate by the executrix and eS
| ecutors.
= Holmes & Stanley attorneys for tn
. Campbell estate trustees, will NOV
L tomorrow for the appointment of e.
Peters as guardian ad litem for Murit
? K. and Beatrice U. Campbell minors
, and Of ]. ]. Dunno in the same, rela
i ton to the three minor children c
Abigail w. Kawananakoa, for the pun
poses of the Campbell will case.