The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-10-18
TEXT or THE AGREEMENT
IN THE ALONG LITIGATION

trustee OF the ''Pepeel<eo Trust and an
Income or instruments whatsoever de-
rived from said moneys. whether said
moneys. income or investments be "ac-
cumulations.' surplus income or
otherwise: and Mrs. McStocker. Mrs.
Riggs. Mrs. Humphreys and Mrs.
Magoon will release the estate of Mrs
/ Along. in case OF Mrs. Afong's death
during their lifetime. from all such
right. title, interest. claims and de-
mands as her heirs at law or next
OF kin.
II is understood that the foregoing
paragraph refers 10 and includes all
moneys which. but for the existing In
| junction. should have been received by
/ Mrs Along up to and including July
sist. 1907. whether now In the hands OF
the trustee or otherwise.
Third: Subject to and after the
payment TO herself of the full sum OF
six thousand (s6ooO) dollars annually
as primary or first charge upon the
entire future income derived and accru-
ing from the "Pepeekeo Trust" from
and after August LIST. 1907. Mrs. Along
will assign and release to her fifteen
children. share and, share alike. the
said entire future income derived and
accruing from said "Pepeekeo Trust
after said August LIST. 1907: Provided.
however. that II in any fiscal year the
total income from the said "Pepeekeo
Trust" shall not equal the amount OF
said preferred claim of Mrs. Along. to
wit. said sum OF six thousand (S6Q00)
dollars annually. then the whole OF said
income shall be paid TO said Mrs.
Along. but no deficiency thereof shall
be made up out OF the income OF or
from any succeeding year: and pro-
vided further that payments OF each
years income to said preferred claim
ant. to wit. said Mrs. Along. under this
agreement. shall be made at such times
as funds shall be available therefor.
and upon satisfaction in full OF said
preferred claims the remainder of each
years income shall be paid to the re-
manning beneficiaries, share and share
alike; and provided further that the
fiscal year above referred to shah be
computed from July 31st. 1907. and a
corresponding date in succeeding years.
Fourth: All of said children. save
and except Marie X. Humphreys. viii
join in release to Carrie b. Riggs. alb
solutely, of all their right. title and
interest in and to said Carrie b. Riggs
one-fifteenth share of the corpus OF said
''Pepeekeo Trust" and said Carrie B.
Riggs. in return therefor. shall release
to all of said children (save and ex-
cept said Marie X. Humphreys). alb
all of her said Carrie B. Riggs
right, title and interest in and TO their.
and each of their. shares in said corpus.
Fifth: Mrs Julia II. Along and all
OF her children will release to Emme-
line NJ. Magoon their shares in that
part OF the estate of Chun Along. de-
ceased, represented by the conveyance
from Emmeline VI. Magoon and hus-
band to Chun Along. dated July 10.
1890. and recorded in Liber 255 al page
POI.
sixth: Answer to be filed in the
equity suit entitled Carrie B. Riggs V
Julia II. Along. ct al. numbered
Equity 1916. now pending in the Cir
cult Court of the First Judicial Circuit.
in the Territory of Hawaii and con-
sent decree las proposed b. Judge
Humphreys in mis- letter to Judge Dole
of June u. 1900 entered therein in
form agreeable to Mrs. AfOng's counsel
Seventh: A reasonab BILE time should
be allowed within which to raise the
money needed for this settlement: the
sums hereinbefore named to be paid to
the respective parties. rot later. how n
ever. than the 18th day of August. A.
D. 1907.
Eighth: In view OF the expenses and
demands upon Mrs. Along. the sum OF
fifteen thousand dollars (s15.O0O) shall
De Immediately released from the oDer-
ltion Of the present injunction.