The Hawaiian gazette., 1905-06-30
WANTS HIS Al
! OWN MONEY

James Love has addressed an earnest
petition to the presiding Judge at
chambers for an order to his trustee
to pay him six hundred dollars OF his
own money. He says he owes debts OF
5000. partly for medical services. and he
desires to take a trip to the mainland
for his health.
The Henry waterhouse Trust Co. has
had charge of his estate since June
6. 1908. under a trust deed and. as sue
cessor to George A. Davis, who had
become his trustee under the following
circumstances, the narrative being
condensed from his petition:
on the date Of the execution and de-
livery of the trust deed he had been
freed from spendthrift trust through
the efforts of his attorney. Thomas
Fitch. About 2 p. m. OF August Is.
lls0i, he executed and delivered to Fitch
a mortgage to secure the payment to
that gentleman of $4,000. covering adj
vances and fee of $4,000. Within Ave
minutes thereafter, acting under Fttchs
advice, he executed and delivered the
trust deed. His object in doing so was
merely, on account of his condition OF
health, to avoid having personally to
take care of and manage his property.
Fitch informed him then and subse-
quently that the deed could be at any
time revoked and annulled. ASA .,s
Annie X. Hart and James Love
Junior. who are named in the trust
deed and through whose Vaccinations
as alleged he had been placed and for q
long time held under the spendthrift
trust. did not even know of the execu-
ton of the trust deed until after II had
been recorded. No considerat on had
ever passed from them in the matter.
but nevertheless from the time OF rec
ord OF the trust deed the petitioner.
with ample property and means to sup
ply all his wants and necessities, has
been kept in actual poverty and de-
prived OF money to defray his legiti-
Innate expenses, through the assump-
ton and pretence of said Annie X. Hart
and said James Love Junior that he
has parted with, and that they are the
owners OF, all and singular his property.
real and personal, except the money
derived from rents. out Of which a
commission of five per eentum is de-
ducted"
Fitch's high priced advice has thus
far failed to wash" in court. for Love
tells how his bill in equity to annul the
trust deed, filed April 18, 1904, after
having been tried by Judge Gear with
out decision, was on April II. 1905.
dismissed by Judge Lindsay, who sus-
tanned demurrer thereto and refused
permis sion to amend the complaint. The
petitioner appealed to the Supreme
httt hA hen rd
until the October session of the SUI
preme Court. In the meantime he
badly needs the $500 and prays accord
, ingly.
In the course Of his petition Love
says he is over the age of sixty-seven
, years and his health has been poor for
| some years. HE Is and during his. life
always has been In the full possession
of his mental faculties" he sets forth,
"and capable of attending to his own
, property and business" and he says
, that all of the property mentioned In
. 1.-THE trust deed was and Is the result OF
3 his personal industry, labor and econ
omy during a long period while en-
, gagged In business I'm the city of Homo
/ lulu. But he states that he has not
! had the fair use and benefit of his ac-
;. cumula tons for a number of years,
!. owing to the steady and persistent eff
: forts of Annie X. Hart and James Love
: Junior, named in said trust deed, who
e In no respect contributed to said ac-
@ cumulations and who have been the
g recipients of your petitioners bounty to
@ very large extent. not merely, to d.
e west your petitioner of his ordinary
i rights in the management and use OF
n his said property, but to take from him
o the said property itself"
n The petitioner closes the statement OF
v his case with the following tribute tc
the folks with whom he is living:
THAT It is, and has been for years
the choice and preference of your Pc
titoner to reside. as he has long done
with Annie l.. Roe and her husband nj
m Waikiki, In said city of Honolulu; tina
lie from them he has received and now re
l. ceives all the care and attention tina
t they are able to render him; that the!
he understand his physical condition ant
D. that the said Annie L. Roe, in his IN
I'd ness and suffering, has rendered and 1
at rendering to him all the assistance II
he her power and, on many occasions
at when he was physically helpless ha
r nursed and looked after him with I'll
Ut greatest kindness and solicitude. :ha
a the said Annie l.. Roe and her husban
r. rave advanced him money from time I
time, but on account of their owf cir
cumstances are unable to continue sl.
ps advances; that he has experienced a
Ito their hands kindness and attention sue
ry as he never can repay and that so lon
D. as he lives, 1t is his desire and inten
IS ton to remain with them; that the sal
ng Annie X. Hart and the said James Low
nd Junior, by persuasion, by entreaty an
ly even by threats. have sought to induc
d. your petitioner to change his said resi-
he dence to the house Of the said Ami
mr. X. Hart and her husband; but tina
lei your petitioner has declined and no'
a declines to entertain such PROPOSE
nv ton, as he is wholly satisfied with hi
lr. present place OF abode, and is quit
a. competent and able TO attend to sue