The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-11-21
HOLT ESTATE
Distribution
COlburn Receives Interests in
Trust, but Is Denied
Fee Simple.

Judge De Bolt, under date of Novem
Der 10, signed a decree Of distribution
in the matter of the estate of Rober
| William Holt, deceased. which begin
by relating the fact that the matter
of the administration of the estate had
been commenced by the petition of VIII
liam A. Aldrich, executor, filed July
10, 1862. Thus the estate has been rat
Ting around in probate with consider
able litigation off and on, for more
than 10 years.
Divers persons under various titles
Judge De Bolt mentions, have acted
under court commissions as conserva-
tors of the estate, the latest being
Carlos A. Long, appointed on Dec. Z,
1904, administrator-de-bo -non-with-
he-will-annexed. Mr.. Long is the one
directed to make the present distribu-
ton. His final accounts have been app
proved and his bond has been Cancelled,
he having filed a final receipt with
Henry Smith, clerk of Judiciary. who
by the way preceded him in handling
the trust Holt left by his will certain
property absolutely to a daughter, and
divided the remainder between his
three sons-Owen Jones Holt, John
Dominis Holt and James Robinson
Holt-for the terms of their lives, af-
terward to their heirs and assigns.
Owen Jones Holt died in 1891 and his
heirs have received their share of the
estate, so that all of the property re-
traitor belonged to the two surviving
sons Some transfers of rights We're
made by these at different times, and
the present distribution is made to
John F. Colburn, as trustee under a
deed of trust from one of the grantees.
Judge De Bolt gives a history of the
estate in probate, and then DEGREES the
disposition of the property now in
question as follows:
John F. Colburn is awarded lands,
goods, chattels and effects as follows;
Land at Kalawahine (F'ort near School
street,, Honolulu; a piece of land on
School street containing 1858 square
feet, being a portion of Fort street
school premises; land in Kekio tract,
Waikiki-kai, Honolulu, 5000 square
feet; ten lots in Kapahulu tract, Wal
kiki, $4,000 square feet; mortgage and
IF Holt S1IUl.,
mortgage of D. L. Peterson, 500;
mortgage of E. B. Mikalemi, $500;
mortgage of L. n. Bennett, $500; seven
bonds Hilo Railroad Co, $500; pronis-
sorry note of J. r. Holt, $500; all cash,
deeds, leases, contracts, chooses in ac-
ton and other evidences of debt or
value and muniments of title held by
the administrator and pertaining to
the estate.
All of the foregoing is from the cor
ous of the estate Assets other than
corpus are awarded to John F. Col
burn as follows: An undivided two
thirds Share in twelve pieces of land,
denoted from registry, in Waialua dis
-rict, also apana r. p. 2243 L. c. A. !
L0613; SO acres of land in deed from |
Kamehameha to J. Robinson & Co., |
1857, in Waianae district.
The ''have and hold" clause of the |
decree gives unto Colburn, his heirs, |
ETC.. the reversion and reversions. |
'ents, issues and profits of and in the |
foregoing described property, as to one |
noiety in the goods. chattels and eff |
ects: one moiety Of the Kalawahine, |
school street, Kekio tract and KAPPA
zulu tract lands; and as to an I'M
divided one-third of the Waialua and |
Vaianae lands, for and during the
life of John Dominis Holt. AS
o the remaining moiety of properties
Is above, and one-third of the same
ands, the reversion, ETC.. are for and
Turing the natural life of James Rob-
nson Holt. All these things are in
rust nevertheless, under a deed Of
rust from James Lawrence Holt to
ohm F. Colburn, July l, 1902, the
rusts therein being incorporated in
he decree.
The petition of Colburn, Nov. IA,
907, that the property and assets
bove mentioned may be distributed 20
i'm as trustee, under last mentioned
eed, in fee simple as to the lands and
f absolute ownership as to the goods,
hattels and effects, is denied and the
etition dismissed.
A further petition led by Colburn,
TOW. IA, 1907, to have the undivided
wo-thirds share of Waialua and Wal
nae lands distributed to him in fee
nipple, under the deed already referred
D, upon the payment by him, as trus
&c to the representative of the estate,
f the sum of S9713.32, is denied and
ne petition dismissed. The court in
his connection finds and DEGREES that
ne purpose and intent of the decedent
/ making his will, and the legal effect
{ the will, els to limit the rights and
lterest of said John Dominis Holt and
ames Robinson Holt in and to their
espective one-quarter portion and
hare of the estate of said decedent,
a life interest in them respectively,
18th rmainder in fee and absolute
in their respective heirs at