The Hawaiian gazette., 1906-02-20
TWO WILLS
DO CLASH

Six Phillips minors by their guard
ian. William Savidge, have brought a
bill for construction of will, citing as
defendants Lila Souza for herself and
as executrlx, under the will of Anna
Blessing. deceased, j. A. Magoon and
Sing Hop Wal.
John Beesing died on April 8. 1884,
leaving about 59T acres of land at Ka-
haluu. Oahu. BY will he devised this
property to his daughter Anna Bees
ing. during her natural life and the
remainder to her issue. She failing
such issue the property was to go to
the heirs of the testator's brother in
Germany. Anna Beesing died on June
q. 1905, leaving the Phillips minors as
her only issue and heirs at law. BY
will she left all of her property, real
and personal, to Lila Souza, who en-
ployed ]. A. Magoon as her agent and
attorney in the matter of her claim in
the Blessing estate. Mr.. Magoon is
said to have collected rents from Sing
Hop Wal, as the tenant of Anna
Beesing.
The minors claim that they own the
premises in fee simple, and say they
are informed that Lila Sousa makes
similar claim thereon. They are
without money to bring this suit be-
Ing in debt to their guardian for $3.50.
Judge De Bolt has therefore ordered
that the case be entered on payment
of the cost of stamps.
1t appears that John Beesing. by his
Will, essayed to create an entailed es-
tate for his daughters descendants,
| had she any. One clause reads:
Should my daughters children. if
| any, die without issue then the prop
erty is to be subject to the same con-
ditions as those mentioned above in
the event of my daughter dying with
out issue, but If on the contrary they
| have issue the life interest to descend
from generation to generation"
UWINI AULD ESTATE.
George r. Carter has rendered his
resignation as trustee under q deed of
trust between James Aud and Uwini
Aud his wife, of the first part, and
| Alexander j. Cartwright, of the second
/ part, dated January 29, 1876. The petit
tioner was appointed trustee by Judge
Humphreys on March 81 1901. Ac-
| counts of the trustee of the Uwint
Aud estate to February IL. 1906, have
been filed. The trust covers property
or Emma Beretania and Hotel streets
Within the past four years SS746, 96 was
expended in building stores on Emma
| and Beretania streets. Charlotte X.
laukea and Curtis p. Iaukea for them
| selves. and Maud Piuger, H. c..
| Piiuger, Edith Morton and H. c. Nor
ton jointly, answering, consent to Mr..
Carter's resignation and ask that the
Hawaiian Trust Co.. Ltd, be appoint
ed trustee in his place.
SMALL RETURN.
Frank Pahia, deputy sheriff of Koo-
laupoko. has returned as partly satis-
fed the execution in the case of c..
Lai Young VS.. Hu Seong for sl23.09.
He sold a lease for 500, of which SIS
went for advertising and commission,
the plaintiff getting the balance-$2.
COURT ITEMS.
S. B. Kingsbury and A. S. Hum
phreys for complainant have filed an
amended bill in the suit of Josephine
Perry VS.. Antoine l.. Perry and Maria
Augusta Perreira, to declare a trust,
cancel a mortgage, set aside a deed
and procure an injunction. 1t is stip-
ulated that defendants shall have
twenty days in which to demur, plead
or answer.
1t is stipulated in the case of Libby
fendant have ten days within which to
answer, demur or plead
In the case of ]. j. Byrne VS.. Eu-
gene Devauchelle it is stipulated that
defendant have ten days in which to
l n1A