The Hawaiian gazette., 1907-06-25
SNUG FORTUNE
IS D|SS|PATED

According TO proceedings entered in
the Circuit Court the greater portion
OF the fortune left by the late u. u.
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. Il. Burke,
guardian OF Virginia L. Burke and Ed
mond ID. Burke, minor children of de-
cedent. gives notice to Robert e.
Burke. executor OF Mamie L. Burke's
VIII. and his attorney, A. 3. Humph-
reys, that on Monday next at $3.50 a.
m. or as soon thereafter as counsel
may be heard. he viii present to Judge
Robinson petition for the removal
OF the said executor. Smith & Lewis
and l.. j. Warren are attorneys for the
petitioner.
After recting 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 2S, 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, Hawaii
ian corporation, the certificates for
twenty five hundred (2500) fully paid
up shares of the capital stock OF said
-,
said Mamie l.. Burke, deceased, and,
In company and concert with one c.
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 tho
estate of large and valuable invest
ment; that said shares Of stock were
then of the fair market value of sixty
thousand dollars (s6O.00O) and upwards.
and were then bringing In 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-
cceas 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
tained therefrom any income or return
whatsoever, and. further, that their
said use and investment thereof has
resulted in total loss of said moneys,
and said estate has not had and can
not recover as much as one dollar
thereof. in that said Burke and said
Taylor are bankrupt and irresponsi-
ble"
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
on July 81. 1906. for such default.
There now remains in the Territory
Of Hawaii. the petitioner states. other
belonging to the estate to be
upon, consisting of cer-
Tain stocks of the value of about ten
thousand dollars.
II is submitted that the estate should
De properly administered and It's af-
airs closed. and that there be saved
o the minors all remaining property.
With the removal of Burke II is pray
ID that w. w. Chamberlain OF Homo
ulu be appointed in his stead.