The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-11-02
LANDLORD
AND TENANT
Decision by De BoIt--A
Brief in Holt
Case.

Judge De B0it. IN decision OF SlA
pages, gives Judgment for B. T. White
against NJ. r. Da Sa for 1925 on &C
count of rent. a separate claim OF
$50 in the same action, for money
White gave to Da Sa to make repairs
but which he claimed were not made
as he wanted, was disallowed by the
court.
One of the principles laid down in
the decision is that a landlord may
go upon the rented premises to stop
or prevent obvious waste or destruc-
ton without thereby accepting an
abandonment by the tenant. "a land
lord may enter and clean the premises
abandoned by the tenant without SUCH
entry constituting an acceptance of
the surrender, but, - Judge De Bolt
quotes, 80 an entry by the landlord
and the making of extensive repairs
for the purpose of improving the prop
ertv so that it will command a better
rental will warrant a finding that he
accepted the surrender.
THE HOLT ESTATE.
for the minor heirs in the Holt will
case, has filed brief of fifteen pages,
the conclusions of which are these:
"First THAT the will in question
conferred only a life interest upon
John D., James R. and Owen j. Holt
"Second That there was valid
trust created by the will, under the
terms of which VIM. NJ Aldrich was
appointed trustee; that the trust re-
posed in VIM. NJ. Aldrich was a per-
sonal one, to which the administrator
de bonis non did not succeed.
''Third That the administrator d.
b. n. should render his final accounts
and close this estate, and the said es-
tate should be delivered to a trustee
appointed by court of equity, for the
purpose of executing the trust under
the will
Fourth That the only interest
which John D. Holt and James R. Holt
have in the estate of the decedent is
a life interest in the income, which,
according to the decision of the Su-
preme Court of this Territory, they
may assign
COURT ITEMS.
Peter Whyte by E. M. Watson, his
attorney, files a general denial to the
of Theo. IL. Davies & Co.,
Ltd.
Plaintiff in Magoon VS.. Emmeluth
files a joinder in demurrer.
1t is stipulated in the Riggs-Afong
case that the partners in Bishop & Co.
shall have ten days from October 81
to plead to the complaint.
In the case of Pauole VS.. Kalua, in
which defendant was defaulted on
Wednesday, w. G. Achi yesterday fled
an affidavit by defendant made October
26 at Waikiki, showing that he is a
candidate for sheriff of Maui, that his
presence in that county is therefore
needed, that to absent himself now
would cause the loss of his vote, that
his witnesses are residents of the Is
land of MOlokai. on whom it would be
a great hardship to absent themselves
at the present time, that he has a
neritorious defense to the action and
that II forced to trial at the present |
lime his interests would be jeopardized. |
Deputy Attorney General Prosser |
moves that Samuel Noar, administrator, |
be substituted for Isaac Noar, deceased, |
n an appeal on judgment obtained by |
Tax Assessor Holt IN the district court |
If Honolulu, before the death of de |
'endant, for $1,000 on account of |
axes.
Judge De Bolt yesterday signed !
lecree confirming the adoption, with |
tx months old son of Mary Keola, by
Hrs. Maggie Kaola w. T. Rawlins
represented the petitioner.
Il