The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-06-22
SNUG FORTUNE
Is D|SS|PATED
Late D. B. Smiths S0n-in-LaW
Said to Have Thrown
Away $50, 1000.

| According to proceedings entered in
the Circuit Court the greater portion
| of the fortune left by the late D. B.
Smith to his daughter, which she at
death left to her husband and two
young children. has been wasted.
In the matter of the estate of Mamie
L. Burke, deceased, w. T. Burke,
guardian of Virginia l.. Burke and Ed
mond .. Burke, minor children of de-
cedent, gives notice to Robert E.
Burke, executor of Mamie L. Burke's
will, and his attorney, A. S. Humph-
reys, that on Monday next at $3.50 a.
m, or as soon thereafter as counsel
may be heard, he will present to Judge
Robinson a petition for the removal
of the said executor. Smith & Lewis
and L. j. Warren are attorneys for the
petitioner.
After reciting the facts OF probating
the will both in The County Court of
Bowie county, Texas, and the First
Circuit Court, Hawaii, Robert Emmett
Burke, husband of decedent, in both
instances being appointed as executor,
as well as the fact that he was ordered
by the court here on February %, 1906,
to file an inventory of the property of
the estate, the petition proceeds to
make the following sensational aver
ments:
THAT upon issuance to him by this
court of letters testamentary as afore-
said, the said Robert Emmett Burke
did forthwith collect and receive from
Eva Plantation Company, a Hawai-
ian corporation, the certificates for
twenty five hundred (2500) fully paid
up shares of the capital stock Of said
corporation, standing in the name of
said Mamie L. Burke, deceased, and,
in company and concert with one G.
C. Taylor, did sell and dispose of all
of said shares by sale in Honolulu. in
reckless and wilful disregard of the
interests of the estate and at great
loss thereto, and thereby deprive the
estate of a large and valuable invest
ment; that said shares Of stock were
then of the fair market value of sixty
thousand dollars ($60000) and upwards,
and were then bringing i'll an annual
income of about six thousad dollars.
THAT said Robert Emmett Burke,
with said Taylor, did then take away
with them from said Honolulu the pro-
ceeds of said sales of said stock, and
did use and appropriate the same for
their own private use and investment. |
and have never since accounted to the
estate for any part thereof or OBJ
tanned therefrom any income or return
and, further, that their
said use and investment thereof has
in a total loss of said moneys, |
and said estate has not had and cam |
not recover as much as one dollar
thereof, in that said Burke and said |
Taylor are bankrupt and irresponsi-
ole"
1t is next declared that Robert En- |
nett Purke has never performed any |
Of the duties of his Office as executor |
either under his appointment in Texas |
Or in Hawaii, and that by an order of |
The County Court of Bowie county he /
was removed from such office in Texas I
On July 81, 1906, for such default.
There now remains in the Territory |
If Hawaii, the petitioner states, other
property belonging to the estate to be |
upon, consisting of GER
ain stocks of the value of about ten
dollars.
1t is submitted that the estate should I
De properly administered and its af-
airs closed, and that there be saved |
% the minors all remaining property.
With the removal of Burke it is pray
ID that w. w. Chamberlain of Homo
ulu be appointed in his stead.