The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1907-10-08
RUSSIAN FRANKS
WILL CHALLENGED

The viii of the late Frank Lucweiko
known as Russian Frank" is to bt
contested. Notice of contest was filed
yesterday in the Circuit Court, the
date set for the hearing of the petit
ton for the probate of the will being
tomorrow. T. NJ. Harrison appears as
attorney for the contestant, the widow
her name being signed to the notice by
Frank Barker, her attorney in fact
The circumstances of the will are thus
alleged and the grounds of contest thus
| set out:
That she was the lawful wife of the
| said Frank Lucweiko at the time of his
death on or about the 21st day of
August, 1907; and that when he died
he left no issue. nor father, mother,
brother or sister, nor descendants of
any deceased brother or sister: that
he left no other will than the alleged
will, the probate of which is applied
for as aforesaid; and that should said
alleged will be held null, void and in
valid upon the hearing of said appli-
cation for probate, and letters tesla
mentary, she will be entitled to inherit
the whole of the estate of the said
Frank Lucweiko, deceased; while
should probate of said alleged will be
granted as prayed, she will inherit less
than half of said estate.
2. That said alleged will is alleged
to have been made on the Goth day of
August, 1907: and that on said goth
day of August, 1907, the said Frank
I no M
yderanged to such an extent as to in
capacitate him from making or under
taking a will.
8. That for about twelve days prior
to the death of the said Frank Luc-
weiko, he suffered from disease of the
liver of which he ultimately died; and
that during that period he was in a
weak, debilitated and deranged con-
dition, and was cared for. controlled
by, and acted entirely under the ad-
vice and direction of the members of
the Catholic Mission of Honolulu and
particularly of the said Father Valen-
tin; that in pursuance of the said ad-
vice, control and direction by members
of the said Catholic Mission the said
Frank Lucweiko instructed the said
dllcI 10 request MI. II
E. Thompson, an attorney at law, to
go to him and to make his will and
in pursuance of such a request made
by said Father Valentin the said Frank
E. Thompson went to the said Frank
Lucweiko on the Goth day of August,
1907, when the said Frank Lucweiko
was so weak, debilitated and deranged,
that he was entirely incapable of I'M
derstanding the extent or amount of
the property he possessed or the rela-
tons of those dependent upon him who
naturally should be beneficiaries under
his will, and when he, the said Frank
Lucweiko. had no definite or clear and
plan for the disposition
of his property and was entirely in
capable of forming such a plan. and
that then and there the said Frank
E. Thompson, suggested to the said |
Frank Lucweiko the terms and condi- |
lions of the said alleged will, and the |
said Frank Lucweiko assented thereto; |
and forthwith the said alleged will |
was drawn by the said Frank E. |
Thompson and executed by the said |
Frank Lucweiko; that because of the |
said suggestions and influence of the !
said Frank F.. Thompson and the sug-
gestion and influence of the said Father
Valentin, the said Frank Lucweiko
was induced to devise and bequeath
by said alleged will one-half of the
residue of his estate to said Catholic
Mission of Honolulu; that said sug-
sestions and influence constituted an
undue influence and caused the said
Frank Lucweiko, in pursuance thereof,
10 make devises and requests for the
benefit of others than the said Minnie
Lucweiko which he would not have
lone if he had been in normal health
and free from said influence as exerted
as aforesaid: and that, but for such
influence. he, the said Frank Lucweiko
would not have left one-half of the
residue of his estate or any consider
able portion of it, to said Catholic Mis-
sion, for the reason that the whole of
MS estate was not sufficient to pro-
vide for the care and maintenance of
said Minnie Lucweiko she being over
eighty years of age and very inf1rm,
md because said devise and bequest
If said Catholic Mission makes said
Minnie Lucweiko, to the extent there
If. dependent upon charity.
The amount of the property left by
he deceased was not large, consisting
# real estate at Moiliili and household
fluff of small value and considerable
poultry. o. A. Steven, who was ap-
pointed temporary administrator, was
equired to give bond only in the
mount of $500.