The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-01-21
COMP A|NANTS
WELL TREATED

Julia H. Along has made an answer
to the complaint of Carrie B. Riggs and
Bessie R. Burns. She pleads as bar
to their action "the agreement of com
promise and supplemental agreement, Z"
which they signed with the other mem
bers of the Along family except Tony
Along, about August IL, 1907. Under
that settlement, as set forth, the Along
children except Tony released their
claim upon the trust fund of the estate
of Chun Along, deceased, making a
first charge thereupon the payment of
$4,000 year to Mrs. Along, the re-
spondent answering.
1t is further stated that. in pursuance
of the settlement, this respondent did
pay to Nancy L. McStoeker, Carrie B.
Riggs, Marie K. Humphreys and En-
incline NJ. Magoon $4,000 each, besides
$4,000 attorneys fees and $50 costs in
the original suit.
One of the defenses is the fact that
Judge Carter in 1896 sustained a de-
murrer to a suit brought by the Along
children to declare a trust, on the
ground that the surplus income of the
estate of c. Along belonged to this
respondent. Another defense is the
withdrawal of the action the same year.
Further Mrs. Along alleges that Mrs
Riggs from the withdrawal of the suit
in 1896 until the bringing of the pres
ent action concurred in this respon-
dents claim that the surplus income
belonged to her, assuring her so and
"that it would be foolish for this re-
spondent to give up said fund or her
claim etc.
Bessie R. Burns is declared to have
assumed a similar attitude toward the
fund, asserting that she made no claim
in the income of the principal trust
during this respondent s lifetime, cor
that it was to be applied to any pur-
poses excepting the support and main
tenance of this respondent and for such
same, including furnishing home and
support for unmarried daughters, and
that she and no other of the married
children had any interest in the same"
Up to the fling of this bill her re-
lations with Mrs. Riggs were "of the
most friendly and intimate character,
as would be natural between a mother
and daughter and she always sus-
tanned similar friendly and intimate re-
lations with Mrs. Burns, up to Septem
Der 6, 1907, and, although this re-
spondent has been grieved by the acts
of the said compliments, she alleges
that she has always and still entertains
a love and regard for these complain
ants, as well as for her remaining chill
dren.''
Mrs. Along "denies that Albert F.
Along has been at any time the special
object of her care and the recipient
of her bounty" and that she stated
an intention to dispose of the surplus
fund or any of her property so that
compainants and the rest of the chill
dren other than Albert F. should never
receive share thereof.
She is unconscious of Partially to
any of the children excepting as they
were unmarried, widowed or needy, al
though both she and her late husband
have made gifts of considerable and
small amounts to each of their children
after marriage as well as before.
To Carrie B. Riggs, besides numerous
smaller gifts, she has given out of the
income sums aggregating about $4,000
husband.
"She has wished to furnish home
to the complainant, Bessie R. Burns,
but this not being practicable she has
given to said Bessie, in addition . to
many smaller sums, sums of money ag-
$4,000 out of said income"
The answer concludes with statements
the respondent 8 handling of
stocks left by Chun Along and her life
interest in real estate.