Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-04-20


The fight for the baby son of Thema Parker Smart and
Tor the nch estate left when she died in Francisco last
NoysaSer is ended
Complete agreement has been reached by the members of
the awalan helreSsS family who have been engaged in
legal struggle of bitterness that startled the territory The
attorneys representing the various have drawn up
and definitely settled compromise pan which made pub
lie today
is expected to be the closing chapter of the most
remarkable will cases in the annals of Hawaii.
Yesterday afternoon it learned definitely that the
compromise concluded That information proved correct
today when its details made public in Circuit Judge
Whitney s court. l.
THE COMPROMISE IN BRIEF
Mrs Elizabeth J. Knight will have custody of Richard
Smart, the minor, until he is years old @z@s@t.
Henry Gailard Smart the father remains the child legal
guardian .,..r.H j." - >r.@ #t-1N ~
Mrs Knight continues to receive income under the
trust $500 month Her fee for childs care TO be
fixed by the court. go.
H. Smart to receive income given Thema Parker Smart
under the original trust-$2000 month $4,000 year
= The original trust to remain Alfred W. Carter man.
ager of the estate with H. G. Smart appointed executor,
without bond.
On death of Mrs. Knight the estate to be divided be-
tween H. g. Smart and his Richard to the former
and twothirds to the latter
When Richard Smart aains his majority 20 years. and
If Mrs. Knight is still living he to get twohirds of the net
HOW EXPENSES OF LEGAL FIGHT ARE MET
Until that time he to get onefourth of the income which
will be held in trust for him by the Trent Trust Company Out
vi
all expenses of the litigation Mrs Smarts will IF Rich
ard Smart dies and leaves children they to receive two
thirds of the estate
If Richard Smart dies before his majority or before the
age OF 49, the minimum age at which he make will Mrs
Knight then living will have the privilege of bequeathng
oneat Of the estate to the person persons of her own
choice.
All bequests made in Thema Parker Smars last will to
be fulfilled.
Fees of legal counsel for Mrs Knight and H. G. Smart to
be fixed by Alfred w. Carter and paid from Richard Smar
share of the income
Fee of Judge Antonio Perry whose services as temporary
guardian end, fixed by Judge Whitney mutual consent
of opposing sides at $25OO.
Fee of D. H. Wilmington temporary guardian appointed
by Judge Matewman at Kailau Hawaii fixed by that
at $1,000
Fee of Attorney c. H. Olson next best friend of the
MINOR agreed by counsel and probably will be announced
and approved by Judge Whitney tomorrow morning.
THE ESTATE
lnder the efficient management of Alfred W. Carter trus
tee the estate has steadily the trust executed
three An inventory taken at that time showed it
consisted chiefly of the ranch Waimea Hawaii The ranch
comprised at that time 154522 acres which 10000
head of cattle 2000 head of horses and 600 head of sheep
The net income is estimated at approximately $4,000
There debts which is said will be cleared
within the next two three years at most When Richard
Smart attans his majority is estimated his wothirds pOr
tion of the income will considerably than
$2OO,00O year. #.E
The present trust deed to continue until Mrs Knigs
DEATH The debts against the estate and including the cost
of the present litigation will be taken from Richards income