The Hawaiian gazette., 1906-11-09
SIX STAND
BY MOTHER

and Rawlins, respectively, in the edui-
tv suit of Carries y. Riggs, complain
ant, VS.. Julia II. Along, Samuel NJ.
Damon. trustee. Albert F. Along. A
Henry Along. Mary Along. Julia II.
Johnstone. Alice l.. Hutchinson. Helen
@. Henshall, Nancy l.. McStocker, En-
incline NJ. Magoon, Marie X. Humph-
reys, Bessie Il. Burns, Melaine b.
brewster, Eta p. Whiting. Martha
M. Dougherty Tony Along and Sam
uel M. Damon, Alexander Garvie and
A. w. II. Bottomley, copartners doing
business under the firm name and
style of Bishop & Co., respondents.
Some of the respondents of the Afone
family live abroad and it will be
time before they are heard from. These
seven demurrers now filed show that.
of those in Honolulu, Messrs. Albert F.
and A. Henry Along, Mrs. Julia II.
Johnstone. Mrs. Alice L. Hutchinson
Mrs. Helen G. Henshail and Miss Mary
Along, stand by their mother and make
common cause with her in defense OF
the fortune she received from her late
husband, Chun Along, before his de-
parture for China where he recently
died, against the claim of Mrs. RigEs
that the fortune was trust FOR the
benefit of the whole family.
J. ]. Dunno is solicitor for the prin-
eipal respondent, Mrs. Julia H. Afong'
widow of the late C. Along.
w. T. Rawlins is solicitor for Mrs
Alice L. Hutchinson, Mrs Helen G.
Henshall, Mrs. Julia II. Johnstone
Miss Mary Along, Albert F. Along and
A. Henry Along.
The following are the points, con-
densed, of each of the demurrers:
/. The court has no jurisdiction of
the case.
2. No court has jurisdiction of the
case.
3. The bill asserts the existence OF
a trust, but the trustee is not made
a party plaintiff or defendant.
, 4. Several matters perfectly distinct
and unconnected with each other.
against Mrs. Along, are united in the
bill, and several matters of distinct
and independent nature are demand
ed against the respondent and CO.
respondents. The bill asks for certain
relief contingent on other relief asked
for. Wherefore the bill is multifarous.
S. The bill seeks to obtain decla-
ration that Mrs. Along is trustee for
the benefit of complainant under sew
eral distinct trusts and is therefore
multifarious.
6. Practically included in the two
previous sections.
z. The bill seeks to control, vary
and modify the provisions Of the deeds
exhibited therein, by reason of certain
matters in parol averred in the bill
and occurring. some before and some
after the execution of the deeds.
8. If complainant has any rights
growing out of the matters alleged in
the bill. she has a plain speedy and
adequate remedy at law.
8. If she has, or ever had any
rights as claimed. it affirmatively ap,
pears that she has become and 10
equitably estopped from bringing or
prosecuting the present action TO en-
force such rights.
10. Complainant's bill of complaint
is wholly without equity.
IL. She has not stated such cause
as entitled her to any such relief as
that prayed for from or against Mrs.
Along and the correspondents, or to
any relief whatever.
IL. Complainant is not entitled to
any relief because no estate, trust or
interest exists in her favor out of any
of the matters her bill contains.
13. The bill shows no trust in favor
of complainant imposed upon Julia II.
Along, either in respect of money.
heretofore paid or hereafter payable
to her under the deeds. and discloses
no duty on the part of Julia II. Along
to account to complainant respecting
any such moneys. or any violation of
such duty IL the bin should be held to
show that such a duty is imposed upon
Julia Fl. Along.
IA. The bill shows no legal consid.
GRAFTON for any agreement and sets
forth no legal agreement between Julia
III. Along and complainant, whereby
any OF the moneys heretofore paid or
hereafter payable to Julia III. Afone
under the deeds We're agreed to be
moneys i'm which complainant was or
is, or shall be, in any manner benefi-
cially interested. or for which Julia III.
Along is required or compellable to ac-
count to complainant. (
Is. The deeds show that the respon-
dent Julia III. Along obtained for
consideration given by her
self the right to the moneys paid and |
payable to her under the deeds, and !
the bill sets forth no release by her
OF any such moneys or of her rights
thereto. nor any cause of her forfei. ,
ture of such right or why she should
or can be deprived thereof.
16. No demand on respondent is :
shown, either for AN apportionment OF
moneys or for an accounting. and no
right is shown on the part of com
plainant TO any aliquot share OF the
moneys.
IL. 1t affirmatively appears from
the case stated In the bill that Chun
Along gave to Julia II. Along. under
and by the terms OF deed. an absolute
estate and the whole and entire right,
title and interest in and TO the whole
NJ the income and the whole OF the