Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1910-09-13
Court HANDS
DOWN DECISION
Opinion Rendered in Case OF
Segelken Versus
Trust Co.

! ne supreme loUil mas named down
n decision In the case OF Gerhard Sc.
gelken versus Hawa,inn Trust Com.
pany Limited, administrator Of the
estate Ct Charles w. Booth. deceas.
ed and Ida L Hall holding that the
claim against the trustee was not en-.
fore able until the death OF Booth
and that II is not barred by lapse Of
\ time.
Opinion of the Court by De Bolt, j.
This is an interlocntory appeal
brought by Charles w. Booth. one of
the original respondents, from de.
cree everything his demurrer TO the
complainant's bin IN equity for an
accounting. Since the appeal was
taken Mr.. Booth deceased His death
having been duly suggested. the Ha.
wailan Trust Company Limited, a
corporation. as administrator with the
viii annexed of the estate of Charles
NV. Booth, deceased. has betn duly
substituted as n party respondent in
this cause in the place and stead OF
Charles w. Booth, deceased.
The facts alle ged In the bill are,
in substance. that the respondent,
Mrs. Ida Elizabeth Hail. being the
owner Of n one .eighth interest in Ger.
tain land, subject to the dow = right
: of Mrs. Anne Long In the chtlre land,
: mor;glgcd her interest to the com
plalnant. Scgclkcn. to secure the pay
ment OF the sum OF $4,000; that there
after partition suit was brought by
other parties also interested In the
land to which suit Mrs. Hail. Mrs
Long and Stgclken were made par
ties: that by consent Of all the par
ties TO the suit an orSrr was entered
directing that the land be sold and
the proceeds divided among the par
| Ties according to their respective In
tcrests. that pursuant to this order
the land was sold and the proceeds
returned into court for division; that
thereafter august &c. 1882, also by
consent Of all the parties. decree
was entered directing that twothirds
of the proceeds OF the sale of the land
| nc NlNlu'l dlibilR INV H''F'HF 1872
In named. Mrs. Hall being one ol
those. but that her share. $3GG042, he
| applied as follows: S533.35 In payment
of n certain claim and the balance
$3lO77O. in part payment of tho Segel'
ken mortgage. which. with interest
amounted to the sum Of $42iS.9O:
that upon the payment Of this sum oil
| S3l07.70 Scgglken. in accordance with
the terms OF the decree, executed u
release of his mortgage to the pur
chasers Of the land; that the remain
ing one.third of the proceeds OF the
sale, Sli,70O, was dccrced to be In
vested by a trustee and the Income
thereof TO be paid to Mrs. Long as
dover during her life, and upon hel
death to he divided In the same man
ner as the twOthirds had been, the
share. of Mrs. Hall however. 10 he
charged with the, payment 10 Segelker
of the sum of $ilil.S3. with interest
being the balance due him on th'
mortgage debt: that the respondent
lBouth having been duly appointed
trustee, Mrs. Halls share in the trus'
fund came regularly into his hands;
that Mrs. Long died June II. 1908
at which time there was due the com
plainnnt from Mrs. Hall the said sun
of $ll4l.S3, with interest, which wa'
charge upon Mrs. Halls share II
the trust fund In the hands Of Tho
respondent Booth; that the respon
dent. Mrs. Hall. claims some interes
in the trust fuid, but that her CLAIM
is subject to complainant's claim. NJ
relief. however Is sought as against
her.