The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-06-11
MRS. AFONC
MUST ANSWER
Demurrer Overruled in
Suit to Declare a
Trust.

The Along case will now have t
come to trial. Judge Robinson, in al
= opinion of considerable length, yester
!" day overruled the demurrers to the bill
of Carrie B. Riggs against her mothe
Julia II. Along, and others, and gav'
the respondents ten days in which t.
answer This limitation is nominal
and ~ill doubtless !e extended reason
ably
In addition Judge Robinson overrulet
motion for leave to appeal from his
order overruling the demurrers, on the
ground that the questions of law in
volved can be decided just as well
on an appeal from decision on the
merits of the case after trial and
that to allow an introductory appeal
would tend to prolong litigation. The
| motion for leave to :,pps:l WAS made
Along, and was opposed by J. Alfred
| Magoon, representing with W. w. Thay-
er the complainant Carrie B. Riggs
| The issues involved IL the ,'emurrer
60 to construction of the several leeds
| upon which the complainant rests her
case. The issues themselves an.l what
is sought by the bill are very clearly
set forth by Judge RoLirsnn in his
opinion, which in its import, mt pats is
here given.
This is a suit to declare a trust and
for an accounting. With the exception
of the respondents, Nancy L. McStock-
er, Emmeline NJ. Magoon and Marie <.
Humphreys, who have appeared and
filed answers substantially admitting
all Of the allegations of the bill, and the
respondents, Samuel M. Damon, trustee
and Samuel NJ. Damon, Alexander Gar
vie and A w. T. Bottomley, copart-
ners doing business under the firm
name and style of Bishop & Company,
who, after having appeared and filed
a stipulation by which their time to
plead or answer is extended for ten
days from October 31st, 1906, make and
file no further appearance or plea or
answer, all of the respondents, demur-
ring separately, have demurred to the
bill. The grounds of demurrer urged
in each of the several demurrers is
substantially the same in all, but as
each demurrer is lengthy, being based
upon no less than twenty-five grounds
of demurrer, it would be inconvenient
to state in this opinion and order all of
the grounds relied upon, nor, indeed
is it necessary to the proper under
standing of the matters and things dis
cussed herein, to specifically set forth
all of the grounds relied upon.
Does the bill of complainant state
such a cause of action or such matters
of equitable cognizance as to entitle
her to the relief prayed for?
The bill alleges, among other things
the making, execution and delivery by
Chun Along, the husband of the re-
spondent, Julia Along, and the father
of the complainant and of certain of
the other respondents, of two certain
trust deeds, the one dated October nth,
1889, and the other dated July 30th, 1890
Copies of the deeds mentioned and re-
ferred to are attached to the bill, made
a part thereof, and marked, respective
ly, Exhibits B and A. The deed dated
July 30th, 1890. is, in terms, not in sub
stitution for but supplemental to the
deed dated October 18th, 1889.
The deed dated October 18th. 1882
between Chun Along. party of the first
part. Julia Along, his wife, party of
the second part, and John Alfred Ma
COON, party of the third part, after sta
ting that upon the sale by the party
of the first part, of the Pepeekeo Sugar
Plantation, so called. situate in the Dis
trict of Hilo, in the Island of Hawaii,
in said Kingdom, said party of the sec
ond part released her dover right here
in upon the promise of the purchaser
that, with the assent and by the re-
quest and direction of the party of the
first part. the sum of two hundred
thousand dollars, part of the purchase
money, should be invested in two thou
sand shares of the par value of one hum
dred dollars each, of the capital stock
of the Pepeekeo Sugar Company, a Ha-
waiian corporation, and such invest
ment has now been made in the name
of the party of the third part to be
held by him and his successors upon
the trusts and subject to the powers
and provisions hereinafter declared
concerning the same" recites 'that the
said Chun Along, in consideration of
the premises and of his natural love
and affection for his said wife and her
children by him begotten. and in fur
Their consideration of the covenant of
the party of the third part, doth hereby
assent ETC., and contains, among
other things, the following provision:
Third. After the decease of the said
Chun Along, as we'll as when he shall
leave the Hawaiian Islands for the pur-
pose of returning to China, and upon
and during his said absence or bank
ruptcy or insolvency or failure suitably
to maintain, support or provide for the
said Julia Along, or any OF her said
children by him begotten, upon request
as aforesaid the trustee shall pay the
income 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. and
if she be not then living. the trustee
shall pay the said income in equal
shares to all of the children of the said
Julia Along, begotten by the said
Chun Along, and to the lawful issue of
any deceased child, such issue taking