The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-09-22
To PROTECT
HIS MOTHER
Alfred Hills Asks That
He Be Appointed
Next Friend.

Il
| Nuu Hills, also to have a 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 6, 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.
It 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 mourning
debt. The corporation took lease of
the premises on Sept. Is, 1902, for FIVE
years, with the privilege of extension
for five years more, at the monthly
rental of $40.
On March %, 1906, for the nominal
transferred the title of the real prop
erty to Q. H. Berrey. According to
information, petitioner says Berrey had
no interest in the property and accept
ed it's conveyance at the request of
William j. and John Hills. On the
same day, for the nominal considera-
ton 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., was 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
rreasons 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 consi deration, has Invested herself
of her entire 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 the 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
they acted with deliberate intention to
defraud her, he says they are them
selves involved and embarrassed be-
sides liable to foreclosure of mortgage,
and he is unwilling to leave their moth
er in a condition of dependence, when
her own property, prior to the bill of
sale and conveyance, was amply suffi-
Gent to support her during the re-
mainder of her life
After hearing of his mother s dis
posal of property he made PROPOSE
ton, June 9, 1906 to his brothers. the
main purposes of which were to have
the property conveyed in trust for their
mother to trust company and to have
written agreement between the three
brothers, to provide a monthly income
for their mothers support, in the pro-
portion of one-third each. The PROPOSE !
tions were rejected by William j. and |
John.
Petitioner submits that the property
should be placed in trust for Arei Nuu
Hills, with the object of procuring an
income therefrom for her support. He
prays that he may be appointed his |
mothers next friend and, at his own |
expense, be allowed to begin suit in |
equity against w hiram I1l1lS, JO0H /
Hills and any other person or persons, |
ETC., who may be necessary parties, for |
the following purposes:
1. To have the Berrey conveyances
annulled on the ground that Arei Nuu /,
Hills was non compos, distracted, in |
capable of taking care of herself and /;
incompetent to execute the first deed; !
or, as an alternative, that William J. !
Hills and John Hills be declared, under |!
the deed to them, to be trustees for |
Arei Nuu Hills and to hold the title in /!
that capacity solely. |
2. To have a trustee for Arei Nun
Hills, in relation to the property, APP
pointed to manage the property
3. To require William J. and John
Hills to convey the property to such
trustee.
Petitioner saws that he does not con-
slider thai his mother is insane, or a