The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-09-14
DOUTH|TT IN
HOT WATER
Accused of Throwing
Case of the Holt
Minors.

Tor SIX minors IN the holt VIII 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 a serious light.
Helen A. Cushingham. formerly
Helen A Holt, besides being a defend
ant in the case is guardian of the per-
sons and property of Valentine S. Holt,
Watty E. Holt, Amelia A. Holt, Helene
a. Holt, Irene N. Holt and James r.
Holt, her minor children, for whom
Mr.. Douthitt is guardian ad litem. She
files a protest-Smith & Lewis being
her attorneys-against the answer made
by Mr.. Douthitt for the minors.
A similar protest, with the same
attorneys acting, is filed by Valentine
S. Holt. Watty E. Holt and Amelia
A. Holt, infant defendants respective
ly of the ages of 10, II and 16 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 ad Item. They
say they are advised and believe that
the answer to the petitioners bill filed
by Mr.. Donthitt ''does not protect
their rights and interests and they
protest and dissent therefrom and re-
fuse to be bound thereby
Mrs. Cushingham also files a motion
to strike out Mr.. Douthitt s answer
for the minors, on the following
grounds:
"That ssaid answer interposes no
defense whatever to the petitioner s
bill and alleges matters that are pre-
judicial to the interests of said minors;
s'That said answer admits all of the
allegations of petitioner bill, which
said admissions are distinctly against
the rights and interests of the said
minors. -
In an affidavit supporting the 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 adj
missions being prejudiciai to and
against the rights and interests of
| movant' IS children.
That Douthitt ''has not at any time
since his appointment by this court
consulted with this affiant or with any
of said minors above named, nor with
| their attorneys, as 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 the allegations
| the guardian ad Item ''has waived
and admitted away rights of the said
minors. -
| That affiant denies that the guardian
ad litem has any knowledge which en-
ables him to admit that Robert Holt
and James L. Holt are children of
James r. Holt and grandchildren of
Robert w. Holt, and she protests
| that said admission is distinctly against
| the interests of said minors.
That Douthitt IS admission that the
| heirs of Owen J. Holt and those claim
| ing under them, including said minors,
| have now no title, claim or interest in
or to any portion of the estate of Rob
ert W. Holt, deceased, unless and ex-
cept a one-third interest conveyed to
| the executor as set forth in the bill,
sis distinctly adverse and prejudiclal
| to the interests of said minors.
/ That the allegation of the guardian
| ad litem that the minors own an I'M
| divided one-twenty seventh interest IN
| Waialua and Wahiawa is erroneous,
| and had he examined the papers on
| file in court he would have ascertain
ed that the interests of the minors IN
| certain lands at Waialua and Wahlawa
have heretofore been sold under order
| of court.
That the allegation that the lands
of WaiaIua. Wahiawa and Makaha
| should be declared personal property
and sold is an allegation that comedies
kto the petitioner one of the prlnc1pal
points at issue and is against the in
terests of the minors for the reason
"that pending the termination of the
life tenancies created by the will OF
Robert w. Holt, deceased, said lands
should be kept intact and held for the
benefit of the remaindermen under said
will, including the said Minors
Finally. Mrs. Cushingham says she
:" is advised that the only proper an
swer which said guardian ad litem can
interpose on behalf of said minors is
! one which places the petitioner upon
strict proof of all the allegations CON
tanned in his bill and submits the
interests of said minors to the care
and protection of this court, and that
the said guardian adj Item has no
right or authority to admit any of the
material allegations of the said bill.
Smith & Lewis give notice to Mr..
Douthitt that this motion to strike
out his answer will be presented to
Judge Robinson at a. m. Monday
next or as soon thereafter as counsel
] can be heard.
Judge Robinson few days ago al
lowed Mr.. Douthitt a fee of $3.50 for
services rendered as attorney ad Item
for the minors.
A GOOD FAMILY EMINENT
Every family should be supplied with