The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1908-01-03
HOSPITAL WANTS
QUEEN EMMA LAND

quire Bruce Cartwright, trustee under
the will of the late Queen Emma, to
turn over to that institution a large
amount of property both real and per-
sonal now in his possession as trus-
tee. which is not needed. to secure the
payment of the annuities provided for
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-
lions 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 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 s6S,000 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 a year, and that he has recently
received sS5,7S5 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 a
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 will
bring suit against him to establish the
validity 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
secondhand dealer.
BISHOP STREET EXTENSION. p
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
filed by J. +. Hackfeld and Paul and
Heinrich Ehlers, setting up that they
are mortgages of the Emmeluth lease
hold. and that the mortgage is for
$4,000 with about $50 of accrued in
terest. They ask that if the land is
condemned for. street purposes that
they be awarded this sum.
This proceeding is the one for Sc.
curing the extension of Bishop street,
a necessary accomplishment before the
site for the Federal building can be
turned over to the United States Gov
/ RESIGNATION NOT ACCEPTED.
Judge De Bolt yesterday refused to
accept the resignation of j. Alfred Ma
COON as administrator of the estate of
the late William Brash. In his petit
ton presenting his resignation Magoon
alleges that there is no property of the
either employ counsel or pay costs of
the proceeding necessary to secure the
payment of the $500 fire claim whish
belongs to the estate but which he
secured in the name of ]. Brash. Judge
De Bolt held that he would not be
justified in accepting the resignation of
MagoOn as long fS this claim was up-
collected.
THE ORGANIC ACT.
Judge De Bolt Yesterday set for hear
ing on January s the case of the Ter
ritory of Hawaii VS. Kapiolani Estate.
In this case the Kapiolani estate raises
the question of whether the Crown
ands ever became legally the proper
" of the Provisional Government, the
Republic of Hawaii, and by operation
If the Organic Act of the Territory of
Hawaii, or whether they belong to the
heirs of the Kamehamehas.
THE EDMUNDS ACT.
Judge Dole yesterday announced that
he would file written opinion on the
demurrer fled by Magoon 6 Lightfoot
o the indictment against Yee Sha
xee charged with a violation of the
s Act. The demurrer raises
he question of whether the Edmund's
Act applies to the Territory of Ha-
vaii, or whether IL was intended by
congress to apply only 10 the Territory
II Utah. that il should not extend 20
,ther Territories. i
FOUR MONTHS FOR BTGAMy. =
Judge Dole yesterday sentenced Rosa
De Gotta TO four muhths Imprisonment
Tor higamy. She was married at IL,
he saws because she was coerccd IN