The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-01-29
.CATHCART's
DEMURRER
(From Thursdays Advertiser.)

NrTom thursday Adverttser.)
A demurrer was filed yesterday by
John W.. Cathcart and his codefend-
ants, Mary Cathcart and Edith F. Pond,
to the amended complaint of H. G. Mid
dleditch, trustee in bankruptcy of the
c. T. Herrick Carriage company. Cath
cart and his attorney, Assistant City
and County Attorney Milverton, have
numerous objections to the amended
complaint which they adorn, with the
usual legal verhiage.
In the first place they have discover
ed that the language and specifications
of the complaint are "vague;'' also
that it is lacking in statements of fact
sufficient in volume to warrant the le-
gal relief asked for.
The chief argument advanced by
Attorney Milverton in behalf of his en-
ployer, however, is the statement that
Mrs. Cathcart and her husband do not
hold any property in common and that
nothing that she possesses could be
subject to execution upon any judg-
ment that was rendered against her
husband. 1t is on these grounds that
dismissal is asked for.
Final Accounting.
After lingering in the courts for a
period of six years with little prospects
of an ultimate settlement, the final ac-
counting of Mrs. Jessie Kaae, admin
istratrix and executrix of the estate
OF Margaret V. Carter, was filed In
Judge Robinson S court yesterday.
The accounts of the administration
as presented by Mrs. Kaae have been
the subject of considerable comment by
the attorneys for the guardians of the
beneficiaries. The sum of $63 is all
that has been charged against herself
by Mrs. Kaae and this amount was
turned over to her by former agent
of the estate upon the cessation of his
| duties The expenses incident to her
administration Mrs. Kaae estimates at
$395.61 and it is believed that this
expense bill will be strenuously con-
tested by the Carter beneticiaries
through their guardian, Edgar Hen
riques.
Decision Upheld.
In decision written by Judge Ballou
the Supreme Court yesterday confirm
in the case of VIM. Savidge, trustee
of the <Barete estate and the Barete
heirs against Richard Antoine and A.
j. Lopez. The plaintiff heirs and trus-
tee alleged conspiracy to defraud the
| estate in failing to inventory a lease
hold and that there was collusion in
the assignment of the leasehold in uues-
tion to III. Holmes for consideration
of $1,000.
The bill was sought to be maintained
against Antoine upon the theory that he
gave away leasehold belonging to the
estate that was actually worth $1,000.
Judge Ballou concurred in the opinion
| of the Circuit Court that while the ex-
| ecutor was open to criticism for Jug
| Cling with the asset of the estate it
was done in the opinion that it was to
| the best interests of the heirs.
! Parker Estate.
An order was signed yesterday by
Judge Robinson granting authority to
the temporary administrators of the
estate of Abigail X. Campbell Parker.
the Waterhouse Trust Company to re-
new the insurance policies in the sum
| of $4,000 on house on Tantalus belong
ing to the estate; to pay the taxes due
I
| praiser to estimate the value of the
iewelry and other personal property be-
longing to the estate. Allowance will
also be made of sufficient amount to
defray the cost of prosecuting the suits
that are now pending before the Su-
preme Court of the United States at
Washington. ~
Heirs Get Money.
/ A final decree was filed yesterday
disposing of the estate of May X.
Brown. The sum of $4,000 was realized
on the sale of real property belonging
to the estate, the purchaser being John
Dowsett. John Marcallino, who acted
as commissioner in the matter, was al
lowed Il fee of $3.50 for his services in
the sale of the property and the Incl
dental expenses and advertising
amounted to $306.15. The money re-
naming will be distributed in small
l ~ ,gtt,.f 10 ,,N,,a- l.