The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-01-22

stricken from the files. Judge Whit
ney denied the motion aud continued
the hearing Of argument on the original
inotion, that for the substitution Of
guardian ad Item, to two 0 clock this
afternoon. EtE
Whether Judge Perry shall continue
TO serve as guardian adj Item, or
whether Mr.. Olson or some ether person
lshall be appointed in place of the. first
named, may be decided by Judge Whit.
lney after the hearing this afternoon.
AL the legal talent now involved in
the big fight will be heard, 1T being
Judge Whitney s desire TO 90 fully into
The subject under consideration.
Afhdarit Filed By Smart lst
Ofthe three ailidayits fled yesterday
on the Smart side Of the case the most
important is that of Smart himself 1t
is. given here in full,Fa ,3s. \
q i am tho father and natural guard.
ian of Richard Smart, q minor, and am
one Of the executors named in the will
Of AMMO n X, Parker Smart, deceased,
and the Proponent Of thhtfwill. I was
The husband Of Annie Tx Parker
Sglart, dencased, known goncrrlly in
hor lifetime as Thelma Tarker Smart.
II is now and II always has been my
wish and intention that thoispirit as
lwelr as the letter Of tho last will Of
my wife, Thelna Parker Smart, be
carried out The provisions Of the will
have been explained to me by my eoun.
sci, Messrs. Thompson, Wilder, Milyer-
ton q Bymer, and | hayo been advised
by them that under the terms OF the
will il was clearly tile intent of my
wife, Thelina, that two!thirds of the
income Of her estate from tlg timc my
son, Richard, becomes Of age aud dur.
ing the lifeline Of my hlother.in-law,
Mrs. Elizabeth J. knight, should be
given To my child and .one-third to my
self, and that after, the death Of Mrs
Knight and from Che time Richard
becomes of agef the whole income of
the estate should be divided between
Richard and myself in tho proportion
of one third to myself and twothirds
to my child Richard. .sh1, -.
Child To Inherit All 2. t3f,.r
Further, under the terms Of the
will, If ! die before Mrs. Knight the
whole property will 90 to the child
During the. entire lifetime of Mrs. Eliza
beth. !. Knight, the mother Of Thelma
Parker Smart, Mrs. Knight has been
provided for By trust deed made by
Thelma on April 20, 1919, under which
Mrs. Knight has received in the past
out Of the income Of the estate, $1,000
n month, which within year, will be
increased under the provisions of said
trust deed TO an amount Of not less
than $500 month for the remainder
of her life. W. l- el,
FhaHIt is my intention during the mi
uOritv of my child, Richard, to amply
provide for him in manner that his
/ hiTth and station requires, and TO see
Ito il that he has the very best care
and attention, and that everything il
done to safeguard his health and wei
fare, but | shall and do emphaticalfy
object to any person. being appointed
as guardian of my child who may at
tempt, to remove the, child from the
Territory to the city of San Francisco
or elsewhere beyond the Territory, and
who may bring my child up in such o
manner as to become a stranger to me
willaattelnpt to raise any barrier
between myself and my Child ~ !.
Would Not Sue His Son ri -
~ In petition signed by Mrs. Knight
and filed by Judge Matthewman al
Kailaa, Hawaii, in which Mrs. Knight
requests that j, the natural guardian
! of the child, be removed and that she
lln appointed, IN my place, the claim
Is made that nothing is left TO, my
| child but lawsuit Of doubtful resuli
10 be brought when the child is twenty
years of age forthe recovery Of prop
orty and property rights from me-. II
! is not my intention and never has been
70 compel my child to bring any law
suit AZ any time to recover that which
'FhpIma expressed by her last. will the
child should have. Ny attorneys advise
mo that Thelha's every wish can be
carried out without the bringing of any
lawsuit, loGhtful or otherwise, and car
ried out in this probate proceeding, ant
that is my desire and ! have so stated
to my attorneys, ~ T.. ~
J Considerable bitterness has been
displayed toward me, particularly il