Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-09-01
DECISION INII
CASE is GIVEN
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Continued from Page g.
their said mothers life estate; and
further alleged the divorce of the
G. A. Brown, and the execution of a
deed of conveyance by them OF the
said property in trust for the or
ganization of corporation to hold
the same and to deliver one-third OF
the shares to the said Irene, one.
third to the said Brown, and third
to the plaintiffs, which corporation
was duly organized under the name
of The John Ii Estate Limited. and
delivery of shares made accordingly,
except that one share of those to be
issued to said c. A. Brown was
caused by him to be issued in the
name of ]. A. Magoon, one of the
defendants hereto; and contended
that the defendants held such shares
subject to trust that upon lrene's
death the same shall be assigned to
the plaintiffs.
The bill thereupon contended that
no legal adjudication had been made
of said questions of law, referring to
the reserved questions upon which
the Supreme Court had ruled as set
forth above, for the following rea-
sons, to wit:
1. No decree was made In any OF
such proceedings.
9. In all such proceedings. the
children and Irene were represented
by the same counsel, although their
interests were conflicting.
3. NO court which was organized
as required by the Constitution Of
the Republic OF Hawaii had obtained
appellate jurisdiction of any of the
said reserved questions of law.
4. The Jurisdiction of the said
Supreme Court concerning the con
struction of the salu will, II It ever
existed, ended upon its determine
ton that no trust was in existence
concerning the said property.
5. All matters of law arising and
pending in the first case before Judge
Cooper were required by law to be
decided by him and by no other
court or judge, and the same, moth
Ing having been decided by him,
were not lawfully presented or de-
clded by any other court or Judge.
6. There was no statutory or 9TH
or authority to reserve questions OF
law in the first case for the opinion
of the Supreme Court and such re-
served questions of law did not law
fully come before such court, and so
IL had no jurisdiction thereof
Z. Judge Whiting of the Supreme
Court had no constitutional author
ity to reOrganize the Supreme Court,
two of the justices thereof being dis,
qualified, by installing two members
of the bar of the Supreme Court to
sit in their places for the decision
of such questions.
8. After argument upon such re-
served questions before such court,
upon the withdrawal of one of such
substituted justices, before an opin.
ion was reached by such court, a new
court to hear argument and decide
such questions could no the lawful
ly organized.
The bill prayed, among other
things, for an order restraining the
4 fendants rrom disposing of the
ali hold h,s al IA
and that they be decreed to assign
the shares held by them in a trustee
in trust during the life of said Irene,
to pay the income thereof TO those
entitled thereto and at her death to
assign all of the said shares to the
plaintiffs; and for general relief.
The bill was demurred to on gen
eral and special grounds, one of the
latter being to the effect that ut
does not appear that any of the
property or estate of the plaintiffs
was conveyed TO said corporation
either by them urene and c. A.
Brown or by any person purporting
TO act in their behalf"
The court sustained the demurrers
on the ground that the deed of con-
yeyance referred to, which was made
part of the bill, did not convey or
purport to convey the estate of the
plaintiffs in the said property
estate of John II, deceased-suppos-
ing they had an estate therein.
The plaintiffs thereupon amended
their bill by adding thereto aver
ments of intention on the part OF
the grandtors of the said deed OF
conveyance to convey to trustees for
the organization of corporation the
fee simple of the lands devised by
the viii to the plaintiffs, and that
tie ownership in fee simple In such
lands was claimed and exercised by
the said corporation by virtue there.
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