The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1905-10-13
ANOTHER
HOLT CASE
tFrom Thursdays Advertiser,

(From Thursdays Advertiser.)
An order to show cause, returnable
on Monday, November 10, at 10 a. m,
has been made by Judge Robinson on
the petition of Helen A. Holt, guard
ian of Valentine s., Waite E., Amelia
A, Helene A., James r. and Irene N.
Holt, minors, for Incense to sell real
estate. The wards are children of petit
toner and James r. Holt, deceased.
Their estate is property inherited from
their father and consists principally of
real estate situate in Honolulu and
elsewhere in the Island of Oahu.
Petitioner states that the debts ow-
ing by James r. Holt at his death
amounted to approximately $4,000,
which has been reduced to $4,000 secur-
ed by mortgages The income of the
minors consists entirely of rentals from
lands in the district of Waialua ana
from the Holt building on Nuuanu
street, but to hold tenants in the build
ing rents have had to be materially re-
duced. At the same time the expenses
of the minors have increased, so that
petitioner has had to borrow money on
mortgages to the amount of about
$4,000 on their behalf. Owing to mort
cages Ol pOUUU On tut l1Oit
and $4,000 on the homestead in Ma
kiki, the administration of the estate
of James r. Holt, father of the minors,
has not been closed. There is no per-
sonal property, other than household
furniture and few horses, belonging
to the minors. Under license granted
by the court last year an attempt was
made to sell lot on Maunakea street,
but the only bid obtained was the sum
of $1,000, which being grossly made
quate the court refused to confirm the
sale.
1t is next related in detail that the
minors own an undivided one-twenty
seventh part of five certain pieces and
an undivided one-ninth part of one
piece of land in Waialua district, and
that ON March II, 1905, petitioner with
Others executed lease of these lands
to the Waialua Agricultural Co. for
% years from April !. 1905, at total
annual rent of $4,000, of which sum the
minors and petitioner are receiving
$333.33 year.
A responsible party has offered petit
toner $4,000 for the said one-twenty
seventh and one-ninth parts of said
lands, which in the opinion of petition
er is a reasonable and fair price there
for and equal to the amount which has
recently been paid for like interests
in said lands. Believing that it would
be for the best interests of the minors
to sell the shares of lands in question,
provided that an upset price of $4,000
were fixed, and that the proceeds be
used for the payment of the indebted
ness incurred for the minors and the
balance applied on the mortgage in
debtedness of their father g estate, the
guardian prays for a license to sell the
property at public auction, said upset
price being fixed, the proceeds to be
applied as stated.
MALE VS.. CARTER.
There was an extended hearing yes
terday before Chief Justice Frear, in
the case of Koolau Maile and others
against J. o. Carter and others, on the
application of the respondents, through
their counsel, Kinney, McClanahan &
Cooper, for an assessment of damages
under bond given in connection with
a restraining order. The objections to
the jurisdiction of tie Chief Justice
were overruled. A strong affidavit on
the part of the compliments by Henry
filed in which, in answer to the affidavit
of L. B. Mechanism, annexed to the
application, the following paragraph
occurred:
"That they absolutely disclaim end
emphatically deny the imputation with
which the said affidavit is replete that
the delay in the trial of the action Of
ejectment in the said affidavit me1-
toned has been occasioped by any IN
usual proceedings on their part or on
the part of either of them in the mat
ter of postponements of the said trial
or by any proceedings not strictly with
in the lines of ordinary professional
duty, and they are unconscious of any
special weight in the respondents or
their counsel that should have prevent
ed the exercise or enforcement, through
the channels of the law, of the rights
they conceive the compliments and APP
pellants to possess. F"
The hearing on the merits was con-
tested by E. b. Mechanism for the
applicants and by Henry E. Highton
for the compliments. The application
was denied.
COURT NOTES.
The trial of Fushimura for attempted
bribery of w. T. Rawlins. while the
latter was Deputy High Sheriff, is set
for trial before Judge Robinson this
morning.
Owing to change of counsel the case
of All Aum, lottery, was continued for
trial until Monday.
The case of Murray VS.. Davis hav-
ing been settled out of court, Judge
De Bolt had no jury trial yesterday.
The order to show cause, relative to |
alimony, in the Silva divorce case was
continued by Judge Robinson yesterday
until Saturday, November IL.
The county election case of Fernan-
DEE VS.. Adams will be heard on de- |
murrer by the Supreme Court tomor-
row. Ashford, Edings and Watson for
complainant; acting Attorney General
Peters for respondent.
Judge Robinson appointed Charles
F. Chillingworth, Harry Armitage and !
M. t. Simonton appraisers of the estate
of Cordelia Hastings Brown deeeased