The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-06-30
WANTS HIS
OWN MONEY
James Loves Struggles
to Control His
Fortune,

petition to the presiding judge al
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
g. 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 a spendthrift trust through
the efforts of his attorney, Thomas
| Fitch. About D. m. of August 2S,
1901, he executed and delivered to Fitch
la mortgage to secure the payment to
that gentleman of $4,000, covering ad-
vances and a fee of $4,000. Within five
minutes thereafter, acting under Fitch 5
advice, he executed and delivered the
trust deed. His object in doing SO was
merely, on account of his condition of
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.
| Annie K. Hart and James Love
Junior, who are named in the trust
deed and through whose Vaccinations
as alleged he had been placed and for a
long time held under the spendthrift
trust. did not even know of the execu-
ton of the trust deed until after it had
been recorded No consideration 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-
mate expenses, through the assump-
ton and pretence of said Annie K. 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
commission of five per centum 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 Is, 1904 after
having been tried by Judge Gear with
out a decision, was on April il, 1905,
dismissed by Judge Lindsay, who sus-
tanned demurrer thereto and refused
permi ssion to amend the complaint. The
petitioner appealed to the Supreme
Court, but his appeal cannot be heard
until the October session of the Su-
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
and business and he says
that all of the property mentioned in
the trust deed was and is the result of
his personal industry. labor and econ
omy during a long period while en-
gagged in business in the city of Homo |
lulu. But he states that he has not
had the fair use and benefit of his ac-
cumulations 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 |
in 10 respect contributed to said ac- |
and who have been the |
recipients of your petitioners bounty to ;
a very large extent, not merely 10 d. /,
vest your petitioner of his ordinary
rights in the management and use of /
his said property, but to take from him |
the said property ITSELF
The petitioner closes the statement of /
his case with the following tribute to |
the folks with whom he is living:
That it is, and has been for years,
the choice and preference Of your pc i
ritioner to reside. as he has long done,
with Annie L. Roe and her husband at |
in said city of Honolulu; that
from them he has received and now re-
ceives all the care and attention that !
they are able to render him; that they !
understand his physical condition and
hat the said Annie L. Roe, in his ill /
ness and suffering, has rendered and is
TO him all the assistance in !
Ter power and, on many occasions.
when he was physically helpless has
lursed and looked after him with the
greatest kindness and soiicitude; that
he said Annie L. Roe and her husband
ave advanced him money from timz to
inc. but on account of their owl. cir
are unable to continue said
-dvaaces: that he has experienced at
heir HANDS kindness and attention such
IS he never can repay and that. so long
5 he lives, it is his desire and inten-
ion TO remain with them: that the said
Annie X. Hart and the said James Love
unior. by persuasion, by entreaty and |
ven by threats. have sought to induce |
our petitioner to change his said resi- r
ence 70 the house Of the said Annie /
(. Hart and her husband; but that +
our petitioner has declined and now
eclines to entertain such PROPOSE n
ion. as he is wholly satisfied with his
resent place of bode. and is quite q