The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-06-11

funds to said Julia Along, if living.
for the support OF herself and her said
children" the grantor intended that
his children should be the direct bene-
fcfaries of his bounty, Jointly with
their mother in the application and use
of such income.
In my judgment, such intent is plain
ly apparent from the language of the
deeds themselves. In both of said
deeds the consideration recited is not
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 begot-
| ten. 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
| pensioners 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 a like love and af-
lection for her said children, as part
of the consideration for the making, ex-
ecution and delivery of the instrument.
Nor can it be successfully maintain
ed that if he intended the income aris-
| ing from such trust funds to be paid
to the wife. as trustee, for the use and
benefit of her children as well as her
self. he intended such trust to extend
1 H.
mother in the family domcile as MEM
bers of the same family, for while it
is true that in the first trust deed,
that dated October II, 1889, it is pro-
vided that Upon request, as aforesaid
(referring, doubtless, to the request in
writing by the said Julia Along, pro-
vided for in the second paragraph
thereby, the trustee shall pay the in
come of the trust fund to said Julia
Along, if living, for the support of her
self and such of her said children as
the trustee shall in writing request,
still, the third paragraph of the second
trust deed, that dated July 80, 1880.
which is the last expression of the in
tention of the grantor, and must be
held to control any previous expression
of intention, expressly provides that
1.-The trustee shall pay the income of
the trust funds to said Julia Along, if
living, for the support OF herself and
her said children" designating the
children generally, without limitation
or restriction, which expression must
be construed to include all of the chill
dren, especially in view of the fact
that at least four of the children, as
shown by the amendment to the bill,
pursuant to stipulation filed May Is,
1907, were married and were occupying
establishments separate and apart from
said Julia Along and, to that extent,
were forisfamiliated, which fact, 1t
must be assumed, was within the
knowledge of the grantor, and held in
contemplation by him at the time of
the making, execution and delivery of
said aforementioned trust deed.
AS tending strongly to show that the
grantor intended that all of his chill
dren, even to the exclusion of his wife,
| should be direct beneficiaries of the in
come arising from the trust funds to
| be paid to the wife by the trustee, the
sixth paragraph of the trust deed,
dated July 80, 1890, provides that
should the income arising from the
| minished from any cause whatever so
as to be insufficient for the mainte-
nance of all of the children of Julia
Along begotten by Chun Along, and
their issue, then and in that event the
income so derived from the trust funds
or trust property shall be appropriated
first for the maintenance and education
of the minor and unmarried children
| and those in reduced and necessitous
financial condition"
I have given the objection or 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 fur
Their prosecution of this suit The bill
alleges in paragraph seven That COM
plainant has repeatedly asserted to
said Julia that such portions of the
principal trust fund as were not ex-
pended by her for the purposes named
in said trust deed were surplus trust
fund and should be held by her in trust
for the benefit of said Along children,
but that said Julia has at all times de-
MED that the same was impressed with
any trust or that the Along children
have any interest in the same what
ever. and has asserted and maintained
at all times that any and all surplus
of the net income of said principal trust
fund beyond the sums expended for her
own maintenance belonged to her, the
said Julia, free from any trust, and
that she was at liberty to dispose of
the same in any manner she desired"
This allegation. coupled with the ale
cation elsewhere appearing in the bill.
that the instrument creating the trust
relied upon was executed more than