The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1906-09-14
DOUTH|TT IN
HOT WATER

Il. A. Douthitt, as attorney nd litem
for six minors In the Holt will case,
is attacked by the mother Of the
minors and three of themselves old
enough to know something, in "A man.
ner that places him in serious light.
Helen A. Cushingham, formerly
Helen A Holt. besides being a defend.
ant in the ease is guardian of the per-
sons and property of Valentine 8. Holt,
Watty Il. Holt, Amelia A. Holt, Helene
A. Holt, Irene n. Holt and James r.
Holt, hcr minor children, for whom
Mr.. Douthitt is guardian ad Item. She
files a protcst--Smith d Lewis being
her attorneys-against tho answer made
by Mr.. Douthitt for the minors.
A similar protest, with tho same
attorneys acting, is filed by Valentine
$. Holt, Wntty f. Holt aud Amelia
A. Holt, infant defendants respective
ly of the ages of 10, II and 10 years,
in which they say that they have
never been consulted by Mr.. Douthitt
as to their rights and interests, and
that neither has their mother and
statutory guardian ever been consult
ed by their attorney al Item. They
say they are advised and believe that
the answer to the petitioners bill f,led
by Mr.. Douthitt "does not protect
their rights and interests and they
protest and dissent thercfrom and re-
fuse to be bound thereby"
Mrs. Cushingham also files a motion
to strike out Mr.. Douthitt g answer
for the minors, on the following
grounds:
THAT said answer interposes no
defense whatever to the petitioner
bill and alleges matters that are pre-
judicial to the interests of said minors;
"That said answer admits all of the
allegations of petitioners bill, which
said admissions are distinctly against
the rights and interests of the said
In an affidavit supporting tho mo-
tion Mrs. Cushingham makes grave
charges against her children s attor-
ney, briefly as follows:
That his answer makes no defense
whatever to the petitioner bill but
admits all of it's allegations, his ad-
missions being "prejudicial to and
against the rights and interests of
children.
That Douthitt "has not at any time
since his appointment by this court
consulted with this afliant or with any
Of said minors above named, nor with
their attorneys, rs to their property
interests, or as to what action should
be taken to protect said interests, and
affiant believes, such belief being based
upon the admissions of the said answer
and the allegations therein, that the
said guardian ad Item has taken no
steps to ascertain, and does not know,
what the property rights of said minors
are.'
That in admitting all tho allegations
the guardian ad Item "has waived
and admitted away rights of the said
minors"
I'd Item has any knowledge which en-
lbles him to admit that Robert Holt
md James l.. Holt arc children Of
lanes II. Holt and grandchildren Of
Robert w. Holt, and she "protcsts
hat said admission is distinctly against
ne interests of said mino,s.f
That Douthitt's admission that the
leirs of Owen j. Holt and those claim
ng under them, including said minors,
ave now no title, claim or interest in
IT to any portion of the estate of Rob-
rt w. Holt, deceased, unless and ex-
cpt n one-third interest conveyed to
he executor as set forth in the bill,
: is distinctly adverse and prejudicial
O the interests of said Minors
That the allegation of the guardian
ID Item that the minors own an I'M
ivided acknowledgements interest in
Naialua and Wahiawa is erroneous,
nd had he examined the papers on
lie in court he would have ascertain
d that the interests of the minors in
ertain lands at Waialua and Wahiawa
ave heretofore been sold under order
( court. ,lssr!E
That the allegation that the lands
Waialua, Wahiawa and Makaha
hould be declared personal property
nd sold is an allegation that comedies
D the petitioner one of the principal
o'hto ~ ibsuc anu uBuiHbt tHc
,rests of the minors for the reason
that pending the termination of the
fe tenancies created by the will Of
,obert w. Holt, DECEASED, said lands
Mould be kept intact and held for the
eneft of the remaindermen under said
ill, including the said minors"
Finally, Mrs. Cushingham says she
is advised that the only proper an.
Ver which said guardian ad Item can
lterpose on behalf of said minors is
ne which places the petitioner upon
.rict proof of all the allegations con-
lined In his bill and submits the
Iterests of said minors to the care
I'd protection of this court, and that
lie said guardian ad Item has ne
ght or authority to admit any of the
aterial allegations of the said bill"
Smith q Lewis give notice to Mr..
Duthitt that this motion to strike
i his answer will be presented to
dge Robinson at 8 a. m. Monday
xt or as soon thereafter as counsel
n be heard.
Judge Robinson few days ago al
we'd Mr.. Douthitt fee OF $3.50 for
rvices rendered as attorney ad litem
: the minors.
rhe case OF Chung Chock Lai. ac-