The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1907-06-10
MRS. AFONG LOSES
ON THE DEMURRtRS
CONTINUED from Page H.

alone the natural love and affection
which the grantor has and bears for
his said wife, but also, the natural love
and affection which he has and bears
for her children by him begotten. If
the grantor had intended that his wife
should be the sole beneficiary of the
income resulting from the trust funds
which he directed his trustee to pay
to her, leaving his children mere pen
sioners on their mothers bounty, he
would have limited the consideration
expressed in the instrument to the love
and affection which he had and bore.
for his said wife, and would not have
extended the consideration therein ex-
pressed to include like love and af-
lection for her said children, as part of
the consideration for the making, exc
cution and delivery of the instrument.
Nor can it be successfully main
tanned that if he intended the income
arising from such trust funds to be
paid to the wife as trustee for the use
and benefit of her children as well as
herself, he intended such trust to ex-
tend only to those who were living
with the mother in the family domicile
as members of the same family. I"
"As tending strongly to show that
the grantor intended that all of his
children, even to the exclusion of his
wife, should be direct beneficiaries of
the income arising from the trust
funds to be paid to the wife by the
trustee, the sixth paragraph of the
trust deed, dated July Both 1890, pro-
vides that Should the income arising
from the trust funds and trust property
be diminished from any cause what
ever so as to be insufficient for the
maintenance of all of the children of
Julia Along begotten by Chung Along,
and their issue, then and in that event
the income so derived from the trust
funds or trust property shall be ap-
propriated first for the maintenance
and education of the minor and I'M
married children and those in reduced
81 have given the objection of laches
appearing upon the face of the bill,
urged in the demurrers as a sufficient
reason for the dismissal of this suit,
and have concluded that such ground
is untenable as an objection to the
further prosecution of this suit" = =
In this connection the opinion says
that ordinarily delay of 16 years in
instituting a suit like the present one
would amount to neglect of duty to as
sert promptly the right claimed still
the circumstances attending the pre-
sent case make the case very different.
The opinion proceeds.
But in the case at bar, in my judg-
| ment, the special facts and circum-
stances tending to give vastly greater
weight to the very natural reluctance
which must have been entertained in
the bringing and maintenance of a
suit such as that now before the court,
as a reason for the delay in endeavor-
ing to assert, in judicial proceeding,
the right claimed here. 1t is alleged
in paragraph eight Of said bill that
said Julia has for several months last
| past sustained unfuendly relations
with complainant and that she has re-
Gently, and particularly since the death
OF the said Chun Along, repeatedly
stated and asserted that she intended
at once to so dispose of the said sur
plus trust fund that complainant and
the rest of the Along children with
the exception of Albert F. Along, who
has been the special object of her care,
and recipient of her bounty during
the past Year, should never receive
any interest or share thereof; and
that complainant believes that said
Julia will, unless restrained Dy this
court, at once carry her threats into
execution, and will dispose of such sur
plus trust fund in such manner as to
deprive complainant of any interest
therein, and cut her off from any hope
of recovering the share thereof to
which she is now entitled by virtue OF
the provisions of said trust deed
Prior to the declaration, on the
part of the alleged trustee, of the
threat imputed to her in said para
graph eight, what occasion was there
for the complainant to seek to estab-
fish, in a judicial preceding, the right
asserted by her as an alleged castul
que trust, or to compel the discharge
by the alleged trustee of the duties
and obligations imposed upon her I'M
der the terms of the trust deed as
claimed by the complainant? Had the
complainant not the right to assume
at all times prior to the time OF the
making of the threat alluded to, that
Ehe mother, although at all times
heretofore denying the existence oil
the trust asserted by the complainant
would eventually acknowledge the cor,
rectness of the complainant's asser,
ton and accede to her views in refer
ence to the intent Of the grantor II
4