The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1913-01-21
CARRY FIGHT TO
SUPREME COURT
Attorneys For spreckeIs Heirs
Opposes a Motion For
Possession.

That the heirs under the will of the
late Claus SpreKels and those interest
ed with them in the Spreckels property
interests in Honolulu do not intend to
abide by tho recent decision of Judge
Henry E. Cooper, of the circuit court,
was evidenced yesterday when Attor-
ney David L., Wilmington, of counsel
for the heirs under the will, opposed
an effort on the part of Attorney Rob-
bins b. Anderson, of counsel for John
d. and Rudolph Sprekels, to have the
Judgment include an order giving the
plaintiffs right to possession of their
interest in the property involved.
The motion was made before Judge
Cooper in chambers soon after the
noon recess. Attorney Wilmington au-
parently did not intend to combat the
entering of the Judgment, but made a
strong protest against it including an
order giving plaintiffs possession of
the property.
Attorney Anderson presented num-
Der of authorities in support of his con-
tention asking for possession of the
property, but their application was de-
MED by counsel for the heirs under the
will.
To Present Authorities,
Judge Cooper seemed inclined to take
the same view as Attorney Whiting
ton, but gave the plaintiffs until ter
O'Clock this morning to present further
authorities in support of their motion
1t is believed that counsel for the
heirs will soon file their motion will
the territorial supreme court for
writ of error, thus taking the case be
fore that body for review. Attorney
Wilmington has already announced tha
in the event the territorial court up
holds the decision of Judge Cooper al
appeal will Immediately be taken t.
the United States Supreme Court. Thu
will probably mean several years ad
ditiona litigation before the title tt
the Spreckes estate holdings in Homo
lulu is finally determined.
| Possession during the pending of Thu
| litigation is looked upon as importan
to the litigants and for this reason con
siderable interest attaches to the deci
sion of Judge Cooper on this question
expected today.
May Make Difference.
Judge Cooper Is decision was hande
down January 8, last, In that he re
fused TO consider the decision of tn
supreme court of California declarin
the will of the late Claus Spreckel
valid and distributing property value
at approximately $10,000,000. Unde
the terms of that will John d. an
Adolph Spreckels are disinRerite'
Some Of the Spreckels property, value
at about 100000. is situated in Id
nolnlu The two sons filed suit her
10 quiet title TO one.hfth interest eae
in he'Tonolulu property, attackin
the validity of the will, Their eonteI
ton was upheld by Judge Cooper.
, II WAS at first believed that this d.
. olson would not affect the action take
ily the supreme court o. California, bl
nows from san Francisco yesterday
90 the effect that In the event that n
Honolulu case goes 10 the United Stat
/ Supreme Court on the points ruled npo
by Judge Cooper ana the court nphol
, Judge Cooper. che action will materia
~ affect The california decisions th
/ ! In feet IL Nill result ~ the Tnopenir
Z af that bitter litigation,
III sas
IA aHa Nfe Ilaff4 II Hamilton. D