The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-01-16
QUEEN EMMA
ESTATE DISPUTE
Episcopal Church Objections
to Queens Hospital
Proposition.

st. Andrews Priory and Bishop
Restarick have entered a demurrer in
the suit of the Queens Hospital
agains Bruce Cartwright and others
Besides technical grounds the demur-
rants state:
That it appears on the face of the
bill that Bruce Cartwright, trustee of
Queen Emma's estate, is required by
the terms of the trust to retain in
his possession and control the entire
corpus of the trust fund until the
death of all the annuitants, and that
he cannot until said time deliver ever
to plaintiff any part of the corpus of
the trust fund as demanded by plain
tiff
That it appears on the face of the
bill that Cartwright cannot at this
time safely and prudently deliver over
to plaintiff any part of the corpus of
the trust fund, and cannot be requir-
ed to do so by plaintiff.
That it appears on the face of the
bill that defendants Lucy Peabody,
Grace Kahoalii, ST. Andrews Priory
and Henry B. Restarick are entitled
to insist that Bruce Cartwright, trus-
tee, retain in his possession and con-
troll the entire corpus of the trust fund
until the death of all the annuitants
under the trust.
LARGE ESTATE WILLED.
F. Wundenberg's will was filed for
probate yesterday. It was executed on
April Is, 1902, in presence of Mary E.
Low and J. Lightfoot. After payment
of just debts and funeral charges the
entire estate is bequeathed and devised
to the testator's wife, Elsie Wunden-
berg nee Eastmuire, who is nominated
as executrix without being required to
furnish any bond, but" the testator
says, sit is my wish and | so request,
that my executrix consult with, en-
ploy and be guided by my friend ].
Alfred Magoon in all matters pertain
ing to my estate"
The estate is valued at $114,000, of
which $4,000 represents real estate in
Honolulu, and $4,000 shares of stock
in corporations, notes and mortgages
and interest in life insurance policy.
JUDGE PERRY COMES IN.
Antonio Perry, before Judge Lind
say, showed his authority to act as
counsel for Eta. P. Whiting and
Martha Dougherty in the Along case.
William T. Rawlins, who had been
challenged to show authority for act
ing for these parties, withdrew from
the case.
CITATION IN DIVORCE.
Judge Lindsay signed an order re-
curing George C. Myhre to show
cause, at 10 o'clock Saturday next,
why he should not pay Marion Myhre,
who is suing him for divorce, or her
attorneys the reasonable expenses to
be incurred at the trial of the action,
together with the expenses required
for her journey from California to Ho-
nolulu, so that she may testify in her
own behalf, and why he should not
pay her $50 month for the support
of herself and three minor children,
also a reasonable sum for attorneys
fees while the action is pending.
COURT ITEMS.
A discontinuance has been filed in
the case of the Territory, by Land
Commissioner Pratt, against Oswald
ST. John Gilbert.
Tt is stipulated that the case of Sis
ter Albertina, trustee, V. Kaaiahua ct
al be continued until moved on for
trial.
Respondents in the partition suit of
Maliana V. Leilehua Kamakea ct al.
have entered demurrer.
Lottie Kane, whose codefendant Will
liam Larsen withdrew his appeal from
a $50 fine and costs before the opening
of the January term, withdrew her ap-
peal in open court from a fine of $40
and costs imposed by District Magis
trate Andrade.
Judge De Bolts jury for civil cases
will appear in court this morning.
Judge Robinson will not begin trials
of the criminal calendar until next