The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-08-06

MILLIONS
Trustees of Will Ask for
the Removal Of
Doubts.

cecil Brown, trustees under the viii
and of the estate of James Campbell
deceased, VS.. Abigail K. Campbell.
Parker, Abigail w. kawananakoa
Alice X. Macfariane, Muriel K. Camp.
bell, minor, Beatrice U. Mary
piolani kawananakoa, a minor, David
Kalakau kawananakoa, a minor, and
| Kawananakoa, a minor.
Judge Lindsay's order dischargins
the complainants as-executrix and
| executors of the estate, and directing
them to distribute the property, real
and personal, is mentioned
1t is stated that the real property Is
of the value of 100000 or whereabouts,
and the annual rentals therefrom about
$4,000, while the personal property in
the hands of the trustees is of the
value of 100000 or Whereabouts. invest
ed so as to yield an annual income of
about 10000
1t was provided in the will that the
trustees keep separate the accounts
pertaining to the realty from those
pertaining to all other property of the
estate. The trustees go on to state
certain doubts in their minds as to the
true construction of the WILL
By the third clause of the will the
testator bequeathed to his wife, now
Abigail K. Campbell Parker, a sum of
money equal to one-t third of what the
court should finally decree to be the
value of the personal property at the
date of decree, after the payment of
all debts ana obligations as directed
by the second clause. 1t was provid-
ed that the amount should be paid in
cash and, if the condition and inter-
ests of the estate should not warrant
the payment of the entire sum at one
time. the executrix and executors
should pay the same as rapidly as the
income and interests of the estate
would permit, without the sale of real
or the sacrifice of personal property.
By decree of August 81, 1900, the
value of the personal property was
found to be SLOTS, 225.74 and it was
ordered that 1857, 741.91, being a third
thereof, should be paid in the manner
provided by the third clause of the
will to Abigail K. Campbell-Parker.
The complainants are uncertain as
to the sources from which payment
should be made, whether they should
draw from the net income of the realty
and personally as we'll as from the
cash on hand at the date of the tesla
tors death and proceeds of person.
atty subsequently converted.
By the fourth clause it was provided
that the wife and unmarried children
should have the free use and occupa-
ton of the Emma street and Diamond
Head deahD residences, to be main
tanned for them under the trust during
the wife's life and thereafter while
all of the testator's children then liv-
ing should be entitled to reside there
in. The cost of maintaining and re-
pairing the residences since the death
of the testator has amounted to $46,- !
600 or Whereabouts, which has been paid
by the complainants. They are uncer-
tain as to whether this sum should be
charged against the principal of the
personally or the income thereof.
By the fifth clause, as carried out
thus far under decree of the court. the
have paid Mrs Campbell
Parker $500 a month as a family al
lowance' for herself and children, to
the amount of $93, 600 up to the date
of their discharge. They are in doubt
as to whether this sum should be
charged against the principal or the
income of personally, or against the
realty, or against all of those three
funds or any two of them. Also, as
to whether Mrs. Campbell-Parker, aft
er. their discharge as executrix and
executors, is entitled to any family
allowance
At various times, in managing the
estate, the compliments have paid an
aggregate of $4,000 as expenses in
connection with the realty, and they
are in doubt as to what fund or funds
this expenditure should be charged.
1t was provided in the ninth clause
of the will that one-third of the net
revenue of the realty should be paid to
Abigail X. Campbell-Parker during the
term of her natural life, and in the
tenth clause that the remaining two
thirds of such income during the wild
ow's life, and the entire amount after
ward should be included in one fund
with the revenue from the personally
and, at intervals of six months, be
equally divided into as many parts as
there should be then children living
and paid to them from and after their
respective majority or marriage, with
the proviso that. during the minority
or unmarried state of the children re-
spectively, the compliments should
provide them with suitable mainte-
nance and education and funds for
foreign travel. Under this provision
Mrs. Campbell-Parker has expended,
over and above the monthly $500 fam
lily allowance. s3745.95 for the purposes
in this clause mentioned, and claims
that this sum constitutes a proper
charge against the estate and should
be paid to her by the trustees. Be
sides being in doubt over this claim.
the compliments are uncertain
whether, under the provisions of the
tenth clause of the said will, the chill
6yay Of he OSLO