Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-09-01
DECISION INII
CASE IS GIVEN
Continued from Page ~

PENDANTS. by A. G. NJ. Robertson,
his guardian ad litem, "a one-third
share or interest in said fund. sub.
ject to the life interest therein OF
the said Irene II Holloway. or the
said John II Estate Limited. as the
assignee of her life interest.
For convenience. wherever used in
this decision, the word Estate shall
mean John Ii Estate Limited: the
word Irene. Irene u Brown or Irene
Ii Holloway, as the case may be;
the word George. George II Brown;
the word Francis, Francis HYDE II
Brown, and the word Children, the
surviving children Of c. a. Brown
and Irene II Brown, being the said
George and Francis.
1t appears that on April I. 1894,
after the marriage OF the said Irene
with the said c. A. Brown, and the
birth of her three children. two oil
whom are now surviving in the per
sons of George and Francis. A. f.
Judd, one OF the executors CT the,
last will of John II. deceased. the
father OF the said Irene. and one OF
her guardians, after being discharg'
ed as such guardian, brought bill
in equity before a circuit Judge OF
the First Circuit, for himself and
as nextsfriend OF the said Irene and
her said surviving children, against
the said c. a. Brown: and chat there
after. on August 10 of the same year,
an amended bill was substituted
therefor, with the same parties as
plaintiffs and defendant, except that,
Sanford b. Dole. administrator with
the will annexed and guardian. was
Joined therein as an additional party
plaintiff, Such amended hill al
legged. among other things, an omis-
sion In the copy of the will furnish
ed by the court to the said A. +.
Judd. whereby the said executors and
guardians not being fully advised OF
the true nature and intent of the
said will, procured their discharge
az guardians OF the said Irene upon
her marriage; but that, upon becom-
ing acquainted with the complete
will, believed that they were there.
| by constituted not only executors OF
| the will and guardians of the said
Irene, but. also trustees with the
right to the control of her estate dur
ing her life; and that under and by
said viii provision was made for the
children of said Irene and also Tor
the support OF said Irene. and 1t was
important to obtain a construction
of such provisions and the relative
rights under said will of such minor
children and the said Irene and the
said c. A. Brown in and to the said
estate, and to the income thereof.
and the duties OF the said trustees
to the several benefciaries aforesaid
under said will. and prayed. among
other things. that the terms and
provisions of said will and the du-
ties and obligations imposed upon
the said A. +. Judd and S. b. Dole as
aforesaid be defined and deter
mined.
After proceedings before Judge
Cooper, a circuit Judge of such cir
cult, who resigned his Office before
reaching a decision. the matter came
up before Judge Perry of the same
circuit, who. on the 18th day OF
| April, 1906, reserved certain ques-
lions OF law to the Supreme Court,
as follows:
|. Was trust created In the
property devised to Irene II by the
will of her father. John II?
2. II such a trust was created. Is
the trust still in force, Irene having
married, attained majority and had
issue of said marriage, which issue
still survive?
3. If such trust still exists. Is
the interest of Irene II Brown under
the same absolute or for life only !
4. II such trust stlll exists, Is
1t such trust that the court viii
upon the proper motion order an i'm
mediate conveyance of the property
to Irene ii Brown?
., Has Irene II Brown a fee Slll'
pie title In said property. or Is her
estate one for life only?
6. Was an estate In perpetuity
created by said will. and II so WA
Its effect to vest the estate abs0'
lutely In Irene Ii Brown?
Z, II there are any remainds"i IL
said property. are they vested or con
tingent aud In what person?
g. what legal aud equitable es
tGtes have the several parties plain
tin aud defendant under the VIII o
John II aud the circumstances shown
! hy the pleadinga and evidence
1 The Supreme Court, ON the an dal
D of May 1897 ruled that The mrs
question should be- answered In N,
... a.. a.