The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-11-09

and occurring, some before and some
after the execution of the deeds.
s. If complainant has any rights
growing out of the matters alleged IN
the bill. she has a plain, speedy and
adequate remedy at law
g Il she has. or ever had any
rights as claimed. it afnrmativeiy ap>
pears that she has become and Ia
equitably estopped from bringing or
prosecuting the present action to en-
force such rights.
10. Compliments bill of complaint
is wholly without equity.
II. 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.
u. 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.
10. The bill shows no trust in favo,
of complainant imposed upon Julia H
Along either in respect of money.
heretofore paid or hereafter payable
10 her under the deeds. and discloses
TO duty on the part of Julia H. Along
to account to complainant respecting
any such moneys or any violation OF
such duty if the bill should be held to
show that such 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
H. Along and complainant, whereby
any of the moneys heretofore paid or
hereafter payable to Julia H. Along
under the deeds were agreed to be
moneys in which complainant was or
is, or shall be, in any manner benef-
cially interested, or for which Julia HI.
Along is required or compellable to ac-
count to complainant.
Is The deeds show that the respon-
dent Julia H. Along obtained for
valuable 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.
is. 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.
II. 1t affirmatively appears from
the case stated in the bill that Chun
Along gave to Julia H. 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
of the income and the whole of the
so-called surplus income as well, of
the trust fund, free and clear of any
trust whatever and particularly free
and clear of any trust whatever for
the benefit of complainant.
IS. 1t affirmatively appears that
complainant has no estate or right,
title or interest whatever by way Of
trust or otherwise to the income or
surplus income of he trus, fund.
10. 1t affirmauIvely appears from the
case stated that no gift in present., |
whether of income or surplus income.
has ever been made to complainant by
the trust deeds or either of them.
20. 1t appears on the face of the !
bill. that if any cause of action what
ever existed or exists by reason of the |
matters set forth in the bill such |
cause of action is founded upon a stale |
equity and claim
p. If ever such cause of action ex-
listed it accrued more than sixteen
years before the commencement of the
present action. hence the action is
barred upon the principle of the stat
ute of limitations
p. On the face of the bill the pre-
ended cause of action is wholly barred
0y the laches of complainant
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