The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-03

The Queens Hospital YESTERDAY
| began suit in the Circuit Court to re,
quire Bruce Cartwright, trustee under
the will of the late Queen Emma. t.
| turn over to that institution a large
amount of property both real and per
| sonal now fn his possession as trus-
tee, which is not needed, to secure tho
under the will.
| Besides Bruce Cartwright as trus-
tee, Lucy Peabody, Grace Kehoalii
st. Andrews Priory and Bishop Res
tarick are made parties defendant, as
they are the only persons and institu-
tions now existing, besides the
Queens Hospital, which have an in
terest in the property.
The bill SETS out that Queen Emma.
by her will, devised a number of an
nuities to different persons, and GER
tain sums for scholarships to ST. An
drew's Priory, and provided that as
these aunuitants died the trustee
might turn over to the hospital the
properties not needed to secure the
payment of the remaining annuities
1t is alleged that the annuities now
payable out of the estate amount to
only $500, while the trustee has in his
possession land worth sos, 1000, bringing
in a steady income of about $4,000, and
that this land is likely to continue as
productive as it is now. Besides this,
he has bonds and mortgages amount
ing to $4,000, bringing in an income of
$3.50 year, and that he has recently
received $35,7S5 from the United States
Government for the land of Halawa
and a sea fishery attached thereto
Albert Kuniakea. it is stated, is dead
without leaving issue, so that the
Queens Hospital is the sole residuary
legatee. AS the trustee does not need
near all the property he has in his
possession to pay the annuities
charged against it. the court is ask
ed to require the trustee to turn over
TO the hospital the property not needed
for this purpose.
If the hospital is successful in this
suit, its funds from the Queen Emma
estate will be very greatly augmented.
DIVORCE GRANTED.
Judge De Bolt yesterday granted
decree of divorce to Martha X. Ross
from Fred Ross on the ground of deser-
ton, and non-support.
CLAIMS TURNED DOWN.
j. K. Kaleikini and Mary Kapala
Kaleikini have filed objections to the
approval of final accounts of Albert
Waterhouse as administrator of the es-
tate of A. Kauhi, deceased. They say
that he refused to pay their claims and
that there is property in his hands with
which they could be paid, or a part
of them anyway, and that they win
bring suit against him to establish the
of their claims.
PLEADS GUILTY.
Before Judge Dole yesterday Louis |
Florkoff changed his plea from not
guilty to guilty, and will be sentenced |
this morning. He is one of the youth !
who stole expensive brass fixtures from
the warehouse of the United States |!
lighthouse board and sold them to a |
secondhand dealer
BISHOP STREET EXTENSION.
In the proceeding brought by Attor-
ney General Hemenway on behalf of !
the Territory for the condemnation of |
the extension of Bishop street. from
King to Merchant, an answer has been
fled by j. F. Hackfeld and Paul and
Heinrich Ehlers, setting up that they
ire mortgages of the Emmeluth lease
lold. and that the mortgage is for
$4,000 with about $50 of accrued in
,erest. They ask that if the land is
condemned for street purposes that
hey be awarded this sum.
This proceeding is the one for Sc
curing the extension of Bishop street.
necessary accomplishment before the
lite for the Federal building can be
urned over to the United States Gov
RESIGNATION NOT ACCEPTED.
Judge De Bolt yesterday refused to
accept the resignation of J. Alfred Ma
room as administrator of the estate of
he late William Brash. In his peti-
ion presenting his resignation Magoon
illeges that there is no property of the
state in his hands with which he can
,ither employ counsel or pay costs of
he proceeding necessary to secure the
PAYMENT of the $500 fire claim which
belongs to the estate. but which he
ecured in the name of j. Brash. Judge
De Bolt held that he would not be
justified in accepting the resignation of
Iagoon as long as this claim was un-
THE ORGANIC ACT.
Judge De bolt Yesterday set for hear
ng on January s the case of the Ter
itOry of Hawaii VS.. Kapiolani Estate.
n this case the Kapiolani estate raises
he question of whether the Crown
ands ever became legally the proper !
V of the Provisional Government. the I
republic of Hawaii, and by operation I
f the Organic Act of the Territory of !
laval. or whether they belong to the {
eirs of the Kamehamehas.
THE EDMUNDS ACT. I
Judge Dole yesterday announced that
e would file written opinion on the
emurrer filed by Magoon & Lightfoot {
D the indictment against zee Sha
Zee charged with a violation of the
.dmund's Act. The demurrer raises
he question of whether the Edmund s
ct applies to the Territory of Ha-
-aii. or whether it was intended by
ongress TO apply only to the Territory '