The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-05-09
IN THE SUPREME COURT OF THE
TERRITORY OF HAWAII.
OCTOBER TERM, 1907.

WILL Or EMMA hALELEC-NA-
LAM. DECEASED. LUCY PEA
BODY. GRACE KAHOALII, ST. An
DREW IS PRIORY, AND HENRY
b. RESTARICK.
IPPEAL FROM CIRCUIT COURT,
FIRST CIRCUIT.
Argued April 10, 1908.
Decided May s, 1908.
IARTWELL, c. j., WILDER AND
BALLOU, JJ.
rust-termination of.
he will OF Queen Emma, made October
81, 1851, appointing a trustee, be
aueatheu 9zIU0 in four life annuI-
ties directing their payment by the
trustee IN monthly payments, 5000
per annum, to st. Andrew 5 Prlory
for maintenance of four yearly
scholarships of $3.50 each, and de-
vised seven tracts of land TO the
trustee in trust to devote its rents,
income and profits to payment o.
the annuities and scholarships, Civ
ing him power upon the death of all
the annuitants to sell one or more
pieces of land if the rest would IN
the opinion OF the supreme court
produce a yearly income sufficient
for the scholarships, one-half of
the proceeds going to the Queen s
Hospital and the other half to be
invested by the trustee who was to
pay the income to Albert Kunuia-
kea for life and the principal, at
his death, to his issue, dividing any
surplus income equally between the
hospital and Kunuiakea during his
life and, upon his death, his law
full issue; the trustee being further
empowered in his discretion, after
the death of the life annuitants, to
sell the remaining lands, investing
the proceeds and, after payment of
the scholarships out of the income,
dividing the surplus between the
hospital and Kunuiakea for life
and, upon his death, his lawful is
sue. Two of the life annuitants,
whose annuities were 5000 and $500
respectively, had died and also
Kunuiakea without issue, leaving
the hospital, which was the resi-
duarv legatee, the sole beneficiary,
besides the other annuitants, of the
trust property. The trustee has re-
ceived 49, S5 for land taken by
the United States government
which had previously brought little
or no revenue and about $4,000 In
bonds and mortgages, proceeds of
land taken from street widening,
yielding an income of over $4O6. !
the rest of the lands. valued at up
wards of SOS. 900, yielding an in
come of over 5000. which is more |
likely to increase than decrease.
I'D: The court viii not, at suit of |
the hospital resisted by the annui- |
tants, declare the trust to be ter
minated in respect of property not |
required for the remaining annui-
ties nor direct the trustee to trans !
fer to the hospital such portion of !
the trust property as is not so re-
quired.
OF THE COURT BY HART
WELL, c. j.
The plaintiff seeks decree ordering
e trustee to transfer to it such por-
IN of certain money and other prop |
" held under the trusts of the will
Dowager Queen Emma Kaleleona- |
ii for payment of certain annuities as
not required in order to produce suffi-
mt income for the annuities now out
lnding, two OF the annuitants having |
ID. BY her will, executed October
1884, Queen Emma appointed Alex
der j. Cartwright her trustee, be- |
eathed, for their respective lives, to
3 defendant Lucy Peabody 5000 per
mum, to the defendant Grace Kahoa-
$500 per annum, to Hikoni (w) and |
iry Lewai, each now deceased, 5000
d $500, respectively, per annum, di-
,ting "such annuities to be paid by |
: said trustee or his successors in /
yular monthly payments and be-
eathea to st. Andrew IS Priory 5000
r annum to be applied towards the
intenance of four yearly scholarships |
$3.50 each, and devised seven parcels
tracts Of land to Alexander J. Cart
light in trust fto devote the rents,
.ome and profits thereof to the pay
mt of the aforesaid annuities and
- The will provides:
Jpon the death of said annuitants
m the trustee or his successor may
any one or more of the aforesaid
ces of real estate free and discharged
any trust, provided the real estate
naming will, in the opinion of the su-
me court, produce yearly income
ficient TO provide for the aforesaid
oiarships, the proceeds derived from
sale of any land as aforesaid to be
.ided one-half to the Queen 8 Hos
al, the remaining half to the trus-
in trust to invest the same and the
ONE to pay to my cousin, Albert X.
nuiakea,' and upon his death to pay
principal so invested to his lawful
he living at his decease, ANY sur
5 rents, income or profit derived
m said real estate, after the payment
said annuities and scholarships, to
divided as follows: One-half to the
cen s Hospital' and one-half to the
stee In trust to pay the same to the
d Albert for life and upon his death
pay said surplus to his lawful issue
n living. The will further provides:
after the death of all said annuitants.
for any reason it should be deemed
yisable in the discretion of nv said
stee TO sell the remainder of said
Il estate hereinbefore charged with
, payment of said scholarships, |
-eby empower my said trustee or his
'cessOr with authority to sell said re
lining land or lands free and dis
arged from any trust, and the pro-
IDS thereof to invest in safe and
md property, holding said property