The Hawaiian gazette., 1906-09-25
TO PROTECT
HIS MOTHER

petition of Alfred ID. Hills to DO ap
! pointed next friend of his mother, Are
Nuu Hills, also to have q trust created
for her benefit. Petitioner Is manager
of Lihue Ice and Electric Power Co
| His mother is the widow of Frederick
j. Hills, who died in Honolulu about
two, years ago.
About February 8. 1900, Frederick j
| Hills owned certain property on the
Waikiki side of Emma street, between
Vineyard and School streets, on which
| the Hawaiian Soda Works were stu.
| ated and upon which Mrs. Hills and
her two sons. William j. and John Hills,
with their families, have long resided
| and now reside. At that date Fred
erick j. Hills conveyed the said prop
perty in trust to petitioner in trust
FOR him to convey it to his mother.
This he did.
According to information the prop.
erty was then and has been ever since
mortgaged to the amount of from $4,000
to $4,000, and according to information
petitioner believes the market value of
the property exceeds $4,000. Mrs.
Hills also owned the plant, business and
good will of the Hawaiian Soda Works.
1t is alleged that. without other con-
sideration than love and affection,
March 2, 1901, Mrs. Hills conveyed the
entire soda water concern to her sons
William j. and John, by whom it was
Incorporated under the name of the Ha-
waiian Soda Works, Ltd. Further, that
VIM. j. and John Hills own most of
the capital stock, and that the business
has been going behind and incurring
debt. The corporation took lease of
the premises on Sept. IS, 1909, for FIVE
years, with the privilege of extension
for five years more, at the monthly
rental of $40.
On March IS, 1906, for the nominal
consideration of $40, Arei Nuu Hills
transferred the title of the real prop.
erty to Q. II. Berrey. According to
information, petitioner says Berrey had
no interest in the property and accept
ed its conveyance at the request of
William j. and John Hills. On the
same day, for the nominal considera-
tion of $40, Berrey and his wife con-
veyed the property to William j. Hills
and John Hills. Petitioner does not
believe any real consideration passed in
either of these conveyances.
In order to obtain these conveyances,
petitioner believes, VIM. j. and John
represented to their mother that the
mortgage with accumulated interest,
etc, wan due and about to be fore
closed, and that it could not be ex-
tended or the loan renewed, or new
loan made, while the title stood in her
name, on account of her advanced age
and other reasons unknown to petit
toner.
Mrs. Hills did not understand their
reasons but gave her consent merely
because her two sons mentioned asked
it, and without consciousness of her
own interests or necessities.
By her bill of sale of the soda works
and the two conveyances just mention
ed, it is alleged, Mrs. Hills, without |
any conG deration, has Invested herself |
of her eLtire property and there is no |
legal provision, agreement or contract |
of any kind for her support in her old |
age. So, being deprived of all means
of subsistence, she is dependent entirely
upon tho ability and willingness of her
three Sons to maintain her
While petitioner has no doubt of the
readiness of his brothers, while they
have the means therefor, to support
their mother, and does not charge that
hey acted with deliberate intention to
iefraud her, he says they are them
selves involved and embarrassed, be-
'ides liable to foreclosure of mortgage,
md he is unwilling to leave their moth
n in condition of dependence, when
Ter own property, prior to the bill of
ale and conveyance, was amply suffi-
lent to support her during the re-
nainder of her life.
After hearing of his mother dis
,osal of property he made a PROPOSE
ion, June 9, 1906, to his brothers, the
main purposes of which were to have
he property conveyed in trust for their
mother to trust company and to have
! written agreement between the three :
'rothers, to provide monthly income
or their mothers support, in the pro-
PORTION of one-third each. The PROPOSE !
ohm.
Petitioner submits that the property
hould he placed in trust for Arei Nun
ILLS, with the object of procuring an
income therefrom for her support. He
rays that he may be appointed his
iothci heat iricHu anu, NJ HIS OWN
Expense, be allowed to begin suit in
guilty against William J. Hills, John J
ills and any other person or persons, I
to-, who may be necessary parties, for /;
he following purposes: Is
l. To have the Berrey conveyances I
nnulled on the ground that Arei Nuu :
ILLS was non compos, distracted in )
spable of taking care of herself and
lcompetent to execute the first deed; Z
r, as an alternative, that William j.
ILLS and John Hills be declared, under
he deed to them, to be trustees for /
rel Nuu Hills and to hold the title in
nat capacity solely.
2. To have trustee for Arei Nuu I
ILLS, in relation to the property, APP
ointed to manage the property.
8. To require William j. and John d
ills to convey the property to such /,
'ustee.
Petitioner says that he does not con. d
der that his mother is insane, or a
or that she needs any gen n
al guardian, but that owing to her
20 and enfeebled condition both Of "
,dy and mind, to the influences by
hich she is surrounded and TO her in
iperience and ignorance of business, II