The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-04
'Kfl}ETT'S BONOSMEN
HAVE BEEN DISCOVERED
The Trustees Father and Attorney Robertson
Judge De Bolt Curtails Clerks Extras
History Of Barete Estate Matter.
.agEY

No thanks to the archives in the Ju-
dietary vaults excepting the furnish
| ing Of a date, but through newspaper
report Of December, 1900, the missing
personalities of P. D. Kellett, Jr.'s.
| sureties on his bond as trustee of the
| Barete estate have been discovered
P. D. Kellett, father of the trustee,
the sureties. The bond itself is still
missing.
| Judge De Bolt, who anticipated KEEL
let's resignation by dismissing him on
becoming certain of infidelity to his
trust in the Barete matter, yesterday
gave out the following note to the
reporters:
| Judge De Bolt deems it fair to no.
tify applicants for the vacant clerk
ship that he will not hereafter appoint
any clerk of this court to any position
| other than that of MASTER
/ The three circuit judges of the First
Circuit have also notified Henry
| Smith, Clerk of the Judiciary, that
hereafter bonds of any of the clerks
must be kept in his safe and not filed
in the vaults with the records of cases.
| Judges Lindsay and Robinson do not
concur in the First Judges announced
policy of curtailing the opportunities
of the clerks for making something ex-
ira in commissions and fees.
| There would seem to be room for i'm
proved methods of taking care of even
ordinary court records. An Advertiser
reporter, detailed yesterday to give a
condensed history of the Barete estate
matter, discovered some breaks in the
| continuity of the record as contained
in filed documents. Those of import
ance are noted in the appended result
| of the task mentioned.
| Here an incident may be related
which will emphasize the suggestion
/ just made. One day not long ago.
when several searchers of title had
been busy. an Advertiser reporter at
the noon hour picked up a document
from the floor beneath the window sill
| in the public area outside of the coun-
ter in the clerks main office. 1t proved
to be part of the record of a very old
probate case, and without doubt an i'm
portant link in title claim. Had it
not been accidentally found, the paper
might have forever disappeared.
| Following is the condensed history of
the Barete case from the court files.
t. ,,lo \
from research in the court record
books, but it contains the main fea-
lures of all the proceedings in the
case:
PROBATE OF WILL.
Petition for probate of will, address,
ed to Hon. A. w. Carter, first judge, by
Richard Antoine, under date of Homo
!. lulu, July 26, 1897, acknowledged before
N. Fernandez, notary public. The pro-
bate value and character Of the estate
is given as: Real estate, three pieces
of land at Kalihi, Honolulu, valued at
$4,000, and personal estate consisting of
ten head of cattle, two horses, three
wagons and household furniture, all
Valued at 5000. It is stated that de-
ceased left a widow and as heirs at
law and next of kin nine persons, all
surnamed Barete except Agnes Soares
and all residing at Honolulu except
Julio Barete and Rosario Barete resid-
ing at Molokai. Ages are not given,
which is contrary to the usual form
In the will Agnes Soares. Rosario
Barete. Maria Barete, Julio Barete,
Francisco Barete, Emelia Barete, Jose
Barete Theoff Barete, Lutello Barete,
L
isees and Richard Antoine as executor.
George Lucas, clerk, on July 26, 1897,
signs an order for hearing of petition
on August q. P. D. Kellett, Jr, on
August "a makes affidavit of publica-
ton of notice in the Hawaiian Gazette.
Judge Perry calls up the petition on
August q. A. G. Correa appears for
petitioner. All parties in interest are
called in open court, no answer made.
On motion of Correa the cause is con-
tinued until August 80. Before Judge
Perry on that date Correa, the petit
toner and the widow are in court.
Correa calls four witnesses and the
court admits the will to probate and
appoints Richard Antoine executor to
serve without bonds. Kellett on the
/, same date notes Letters issued by G.
, Lucas"
Il PROVISIONS OF WILL.
The will gives to Agnes Soares.
daughter, the house and lot where she
> lives at Kalihiwaena: to Rosario
Barete, daughter, parcel of land
makai of Agnes Soares' house lot. and
to Maria Barete, wife, all the residue
, of the estate for life, she to divide the
increase, income and profits among the
nine children, share and share alike.
and at her death the property to be
divided among the said children. share
and share alike, but if his wife should
marry the division among the children
should Immediately take place.
Judge Perry signs the order of pro-
bate on August 80, 1897.
SALE OF PROPERTY.
. A. Richard, executor, on February :.
. 1879, petitions to Judge Perry for an
I order to sell real estate at Kalihi. saw
| ing there is no other way of paving
the debts. The area of land in oues-
ton is 1910 acres. An order to show
cause on this petition is signed nv