The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-10-12

| Judge De Bolt yesterday admitted
| to probate the will of the late Frank
Lucwefko, better known in his life
| time as Russian Frank The will
made two requests of $50 each to two
| dependents or servants, and gave half
the residue to the Catholic church and
half to the widow, Mrs. Minnie Luc-
| weiko, who is over so years of age and
quite feeble. The probate of the will
is contested by George Barker on be-
half of the widow, Barker having mar
ried the daughter of the widow many
years ago. The contest is on the
ground that the deceased was not of
testamentary capacity at the time he
made his will.
The attending physician, Dr. McLen-
nan, testified that at the time the will
was made Lucweiko was weak in mind
and body both, and while he was able
to answer questions, he was not able
to concentrate his thoughts on any
matter so as to grasp the whole SUBJ
ject or it's import. George Barker, the
widows son-in-law, testified that he
had known the deceased since Septem-
Der. 1881. He married Mrs. Lucweiko's
daughter a month later, and he had
been intimate with the deceased and
on pleasant relations with him ever
since Whenever Lucweiko got into
trouble he always sent for Barker.
Although the witness had had no chill
dren by the daughter of Mrs. Luc-
weiko, he had child by second wife
to whom the old couple were much at
tached, and they had desired to adopt
it. But to this the father would not
consent. 1t had often been discussed
between himself and Mr.. and Mrs.
Lucweiko what should be done in the
case of the death of any one of them,
and it had always been the mutual un-
that if Lucweiko died firse
his property should go to his widow,
and she should be taken care of by
Barker If Mrs. Lucweiko died first
her property was to go to her hus-
band. and Barker was likewise to take
care of him. while if Barker died first
the old couple were to care for his
daughter, and eventually all the prop |
erty of the three was to go to the |
daughter The witness also testified |
that it was Mrs. Lucweiko whose earn |
ings had bought the property which |
the deceased had left, testimony which |
was objected to but which was allow
ed as showing the disposition which it |
would naturally be expected would be |
made of the property by will, a con-
trary or different disposition tending
to show the lack of capacity to make
a will
Bailiff Quinn of Judge Robinson's
court testified that the day before Lue-
weiko's death he heard that Lucweiko
was near death, and had gone to see
him. At that time Lucweiko recog-
nized him and spoke to him and said
that he was not expecting to live.
Upon this Quinn asked him if he was
prepared to die, and he replied, Yes,
hat Father Valentin had prepared him
or death and that he had made his
viii.
Judge De Bolt admitted the will to
probate and appointed j. H. Schnack
md O. A. Steven as administrators
With the will annexed.
7. NJ. Harrison, who appeared for
he contestant of the will, gave notice
If an appeal to a jury as to the fact
If the decedent's mental capacity to
make a will, and the contest will come
Up regularly at the next term of court.
PINEAPPLE EXEMPTION.
In the Supreme Court yesterday the .
ase of James L. Holt, Tax Assessor,
IS. Edgar Wood was argued and sub
nitted. In this case the question IS
whether the lessons interest in lands
eased for and in pineapple cultivation {
S exempt from taxation under tho
tatutes. Attorney General Hemen-
way appeared for the Tax Assessor: L.
!. Warren for the defendant.
FEDERAL COURT. i
E. A. c. Long was yesterday adj
nitted to practise in the United States !
District Court.
Judge Dole in the United States Dis
riot Court yesterday approved the ac- !
cunts of George A. Davis as United {
tates Commissioner.
The United States Court will open
n Monday for the October term. The
'ederal grand jury will meet. About
we hundred witnesses have been sum-
1oned to appear before it.
AMENDED COMPLAINT. G
The Waialua Agricultural Company :
as filed an amended complaint in {
s suit against the Oahu Railway and .
and Company for rents of land. The +
FOL 1Trs~