The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1908-02-19

Judge Lindsay. in a written decision
sustains the demurrers of defendants
in the Queens Hospitals suit against
Bruce Cartwright, trustee under the
will of Emma Kaleleonalani; Lucy
Peabody, Grace Kahoalii, ST. Andrews
Priory and Bishop Henry B. Resta-
rick. y %eex::
All the beneficiaries Of the late Queen
Emma's will are dead excepting Lucy
Peabody, who receives an annuity of
$500; Grace Kahoalii. who receives one
of $500, and st. Andrews Priory, which
receives $500 a year to be applied to
four annual scholarships.
The annual income of the estate is
upward of 5000. from which the sur
yiving annuitants receive $500 as
shown above The principal of the
estate consists in lands, notes and
mortgages. together with $4,000 in coin
which the trustee recently. received as
the purchase price Of a portion Of the
real property. Since the death Of
IL.
no issue, the Queens Hospital as the
the surplus income.
1t was contended by the Hospital, in
this suit, that, inasmuch as the prop
erty is obviously capable of earning a
much larger income than is sufficient
to meet the annuities and scholarships,
there is no reason why the trustee
oh ha
compelled to pay over to the Queens
Hospital the sum of $4,000, also con-
yey to it all of the property held in
trust excepting such portion as, in
the Judgment of the court, would be
sufficient to yield income enough to
meet the annual charges of $500. The
court is further asked to order the
trustee to convey more of the prop
erty of the estate to petitioner from
time to time as the annuitants die off.
All the respondents demurred to the
petition. The principal grounds of the
demurrers is that it appears on the
face of the bill that the trustee is re-
quired by the terms of the trust set
forth in the will to retain in his pos
session and control the entire corpus
of the trust fund until the death of
Peabody and Grace Kahoalii are en-
titled to insist that such requirement
should be enforced.
Judge Lindsay quotes the language
of the will, on the question at issue,
which authorizes the sale of the prop
erty only latter the death of all said
annuitants,'' with directions for safe
investment of the proceeds to secure
the payment of the scholarships, and
in conclusion says:
''It is apparent under the terms of
the will that until the death of all of
the annuitants the trustee can not
dispose of the corpus of the estate but
must retain possession and control Of
it and devote the income according to
the desires of the testator, The trus-
tee must fulfil the wishes of the de-
ceased.
1.-THE demurrers are sustained"
EXECUTION SATISFIED.
High Sheriff Henry returns, as fully
the execution for 1919 in the
suit of City Mill Co. v. Akana. A piece
of land was sold for $500 and, after
paying judgment and expenses, there
was $15.94 left for Akana. The sale
in question is that over which an
contest between Messrs. Ash
ford and Magoon. attorneys. took place
before Judge De Bolt on Saturday last.
THE EXHIBITION LICENSE.
An agreed statement of facts in the
suit of Stuart TAFT, a moving picture
against A. J. Campbell,
Treasurer of the Territory, has been
fled. 1t relates to the charge of IS
show made by defendant. The points
nave been reported before in this
paper.
DR.. GOODHUES APPEAL.
DR.. E. S. Goodhue has ten days al |
owed after the filing of transcript of
to file his bill of exceptions
10 the verdict and Judgment of $500
damages and costs against him at the
suit of Akau for trespass.
COURT ITEMS.
The Lahainaluna case is still on be-
fore the Supreme Court, alaving now |
two days.
Weldon V. Chaplin passed it's second |
lay of trial before Judge De Bolt and /
! jury yesterday.
Jim All Hoy's damage suit against |
J. H. Raymond and others comes up |
today on motion to set demurrer for /
rearing. II
J. l. Holt by his attorney, E. c. |
Peters, has withdrawn his appeal to !
he Supreme Court in the matter of the |
estate of r. w. Holt, deceased.
Daniel Naauao sues Emalia K. K. I
Saauao for divorce, alleging her de- |
;ertion since some time in 1902 They |
we're married in 1899.