The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-08-11
Omissions IN
PRINCE s WILL
Continued From page tho \

(Cantinued From Page Une.)
his heirs, executors, administrators, as
signs and successors in trust, for an(
| during the natural life of my said wife
and at and upon her death, / give. de
wise and bequeath the remainder there
of and therein to my said children
other than said Kapiolani, and sucl
and all other of my children as shal
be in esse Mt the time of my decease
and to their respective heirs, admins
traitors and assigns forever, in equal
undivided parts and portions.
This devise and bequent to said Johr
f. Colburn rs made upon the following
trusts, that is TO say:
Upon trust to enforce and accept q
distribution and delivery of the said
residue of my estate to him, as soon
as may be, after my decease, and
thenceforward during the natural life
of my said wife. to hold, manage, con.
troll, and dispose of the same, or any
thereof. as fully and effectually as /
might do if personally acting in the
premises, but within the terms of this
will, and to collect the income and
revenues thereof, and to invest and 70.
invest and change the investments
thereof at his discretion, but in such
manner as prudent trustee should do,
and to dispose of so much and such
parts thereof as shall, from time to
time, in the judgment of my said
trustee, appear reasonable and prudent
either for the purpose of discharging
obligations of my said estate, or for
any other prudent and sufficient rea-
son, and no purchaser of any part of
my said estate shall be responsible for
the application of the proceeds of any
sale or disposition thereof by my said
trustee.
And upon the further trust, at and
upon the death of my said wife, to
convey and deliver all and singular
the rest, residue and remainder of my
said estate which shall then remain in
the hands or subject to the control of
my said trustee, or to which he shall,
IN that capacity, be entitled, to such
of my said children other than said
Kapiolani, as shall then be in esse,
share and share alike-the issue of any
of such children, other than said Ka.
piolani as shall have then deceased,
taking his or her or their parents
share or shares Gas the case may be)
by right of representation.
1t is further my will that the provi.
sion herein made for my said wife
shall be by her taken Gf at ally in
lieu of dover, but, in the event that
she shall in writing, to be fled in the
appropriate court, within six COY
months from and after the date of the
probate of this will, elect to take her
dover instead of taking under this
will-then, and in that event, my said
trustee shall hold said residue of my
said estate to administer, manage and
control the same, in manner herein
above provided, and to pay over the
net income thereof (as hereinabove de-
seribed) to the guardian or guardians
of my said children, other than said
Kapiolani, and (or) of the issue of
such of said children as shall decease
during the life of this trust.
Provided, however, that upon the
attainment of his or her majority by
any or either such child, other than
said Kapiolani, the share of said net
income proportionate to the number of
my children. other than said Kapiolani,
then in esse (ncluding such as shall
then have died leaving issue who shall
then survive), shall be paid to such
child direct.
! will and direct that no greater
bond shall be exacted of said John
F. Colburn, either in his capacity of
executor or in that of trustee here
under. than shall equal the probably
annual gross income from my said es.
tate at any given period, but in the
case of any successor to him in said
trust, the court having probate juris-
diction shall fix the amount of such
bonds.
/ will and direct that in the event
that said John F. Colburn shall decline
the trusts herein and hereby conferred
upon him in respect of the residue of
my said estate, as likewise in the event
that he shall, after entering into and
upon the same, resign, or abandon the
same, or become mentally or physical
ly incompetent to execute the same,
or shall be removed therefrom by the
final order or decree of any court of
competent jurisdiction, then his sue
cessor or (and) successors whether at
one time, or from time to time) shall
be appointed under the written order
and commission of majority of the
Justices of the Supreme Court of the
Territory of Hawaii for the time be-
ing.
/ hereby nominate, constitute and
appoint said John F. Colburn, as ex-
ecutor of this, my last will and tesla
ment.
In testimony whereof, have in
scribed my name in the margin of each
of the three pages of this instrument
which precede this present page, and
have subscribed my name at the foot
hereof, on the fourth page of this
instrument. and have published and
declared this instrument to be my last
will and testament, at Honolulu afore-
said, this sth day of February, 1908.
(Signed) DAVID KAWANANAKOA.
On this Sth day of February. at the
city of Honolulu, in the Territory of
Hawaii, the above-named David Kawa-
nanakoa, he being well known to each
of us, in the presence and hearing OF
the undersigned, and of each of them
inscribed his name in the margin of
each of the three (3) pages of the
foregoing instrument which precede the
page thereof whereon this certificate
ban,;xg. L.