Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-12
filing OF WILL
NOW AWAITED in
THE SMART CASE
Move to Force Action Made BY
Mrs. Knights Attorneys
Late Yesterday

No further legal developments in
the suit of Mrs. Elizabeth ]. Knight
against Henry Gaillard Smart were in
evidence today Attorneys for the
plaintiff are awaiting the filing OF the
! will of the late Mrs. Annie 7. X. Par
ker Smart, "Thelma," and il is un
likely that any new moves will be
made until this document is entered
in the local courts -.~ =.
Frank E. Thompson, one of Smarts
attorneys, stated today that the de-
tense had not decided upon date for
filing, but he intimated that il may be
at any time in the near future. with
the filing of the will. attorneys for
the defense expect immediate com
mencement of a suit to break the Will
by Mrs. Knight. This suit is lore
Swallowed in the present litigation Tor
possession of Richard Smart, the In
FAINT son of Henry Gaillard Smart.
Would Force Filing Of Will. 49,.
Petition for letters Of administra-
ton we're filed late yesterday for the
estate Of Mrs. Annie T. X. Parker
Smart, deceased, by Clarence H. Or
son, one of the attorneys for Mrs. Eliz-
abeth J. knight, the plaintiff In the
legal fight for possession OF Henry
GaiIIard Smart's 19-morths'-old son
Olson represented himself in the Pc
ton to be little Richard Smart's next
friend" the legal phraseology, and
fled the document on behalf OF the
child. ....-..~r ........
Judge Whitney issued an order fol
a hearing on the petition and papers
were served on II. G. Smart last night
citing him to appear in court March
IL to show cause why the petition
should not be granted. Attorney Oh.
SON proceeded on the assumption that
Mrs. Smart died intestate and that
the will left was null and void. Tho
petition is as follows: f..
"In the circuit court of the first judi
cial circuit, territory of Hawaii-at
chambers-in probate.
In the matter of the estate of Annie
T.. X. Parker Smart, 1eceased-pe-
tition for letters Of administration.
ITO the Honorable Presiding Judge at
chambers, in probate: ...=
Comes now this petitioner, Richard
Smart, the minor son of the above
named deceased, by his next friend,
Clarence II. Olson, and respectfully
shows to this court that the said An
ME T. X. Parker SmaTtI died on the
seventeenth day of November, 1911,
being at the time of her death a resi-
dent within this circuit and leaving
estate within the Jurisdiction of this
court; that the said deceased eft a
document or paper writing, dated
January 16, 1914, purporting to be her
will and testament, appointing Henry
Gaillard Smart, hereinafter referred
to, Alfred w. Carter and o. l.. Soren-
son as executors thereof, but that the
same is invalid, null and void, and
your petitioner is advised that the
said deceased died interstate.
THAT your petitioner was ct the
time of the death of the said deceased
and now is the son and sole and only
surviving issue of the said deceased
and is minor of the age of 10 months
or Whereabouts; that the said deceased
also left surviving her Henry Gaillard
Smart, her husband and the father OF
your petitioner.
THAT the said Henry Gaillard Smart
would. If the said purported will were
admitted to probate, under the terms
thereof, take or acquire as devisee