The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-12-29
COD|CIL To MRS.
NEUMANN' 8 WILL
Dispositions of the Witnesses
to Her Signature to the
Instrument.

The depositions of Alfred Fowler and
! Everild B. NJ. Durand, now the wife OF
| Selwyn Lucas Tooth, were received on
the Korea yesterday and filed in the
probate proceedings IN the matter of
the estate of Elise S. V. Neumann. The
depositions were taken before HER
Jacob, Lancaster Place, Strand, Lon
don, W. c., England.
These two were the witnesses to Mrs.
Neumann's signature to codicil to
her will. The codicil is dated June -,
1905, and was executed in London. In
the attestation clause of the instrument
it is stated that it was ''signed, sealed,
published and declared by the said
Elise S. V. Neumann, as and for a cod
ieil to her last will and testament in
our presence, who at her request, in her
presence, and in the presence of each
other. have hereunto subscribed our
names as witnesses to the same
Alfred Fowler deposes that this cor
rectly states the fact. Mrs. Lucas
Tooth, the other witness, makes slight
| w different statement. She says: sit
was not actually signed in my presence
but was brought by Mrs. Fowler from
the next room with Mrs. Neumann S
/ signature to it. 1 knew it was Mrs.
Neumann s handwriting because 1 had
had letters from her. - The
attestation clause does not exactly re-
cite the facts, as Mrs Neumann did not
exactly sign in my presence, nor did l
sign my name in her presence. l did
sign my name in the presence of Alfred
Fowler, but 1 can not remember
whether he signed his name in my
| presence. Mrs. Neumann did not ac-
tually ask me to sign the instrument. ="
Fowler deposes that Mrs. Neumann
was of sound and disposing mind ''and
mentally competent to make last will
and testament and certainly understood
the nature of the business she had in
hand"
Mrs Lucas-Tooth on this point says:
Gas far as l could tell she was men
tally competent to make will. So far
as the business she had in hand, L am
not able to say, as ] had no converse
ton with her about it.
The codicil thus witnessed gave to
Mrs. Neumann's niece, Leila Dinklage,
of San Francisco, $3.50 in addition to
the devise of land in Manoa valley al
ready made; and also devised the sum
of $4,000 to Herman Focke in trust to
pay the income to Christina A. Fink
Ter during her life, and after her death
to divide the sum among Mrs. Neu-
mann s grand children, Paul R. Hasson,
Eva Focke and Aaia Anita Focke.
Suits to Quiet Title.
The Waianae Company has begun
suit against Elizabeth K. Gilliland to
quiet title to a three-quarter interest in
the land known as Maau, containing
an area of $50 square chains situate in
the Iii of Pahoa at Waianae. The
plaintiff claims three-quarter interest
in this land and admits a quarter in
terest in the defendant, while the lat
ter claims a half interest in the land.
introductory Appeal.
Judge De Bolt yesterday allowed an
introductory appeal to the Supreme
! Court to the defendants in the equity
proceeding of H. G. Middleditch as
trustee in bankruptcy of Chas. F. Her
rick Carriage Company, Ltd, VS.. John
w. Cathcart, Mary Cathcart, wife of
said John w. Cathcart, and Percy NJ.
Pond. The appeal is from the order of
the court overriding the demurrer of
the defendants to the bill of complaint.
In the Federal Court.
Isoi and his wife Chise YESTERDAY en-
tered a plea of not guilty to all of the
indictments against them before Judge
Dole yesterday. c. F. Chillingworth
withdrew as counsel. The case was CON
tinued until Thursday.
A. F. Judd was appointed to defend
Kumataro Kuwara and his wife Yoshi
who are charged with offenses similar
to those against Iso and his wife.
Glenn Quinn was appointed to defend
Fugikogimi charged with violation Of
the Internal Revenue laws.
Administrator Appointed.
Judge De Bolt yesterday appoiI ted
the Hawaiian Trust Company admins
traitor of the estate in this Territory
of Mary Edgell Goodale, who died Sep
TENDER 10. 1908, at Butte, Montana. The
, estate consists of Eva stock and is val
ued at $4l25. The heirs at law are W.
W. Goodale of Honolulu, Charles w.
GOodale of Butte, David Goodale of
Hudson, Mass, brothers, and Ellec G
: Howard, of Townsend, Mass, sister.
+ Divorce Granted.
a \ decree of divorce has been granted
Emalaina Kehinu from Kaeha Kehinr
on the ground of non-suppOrt.