Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-22

the child and, the big Parker estate
is alleged 20 have grown.
las to the question OF the guardian
OF the person OF this child pendente
lite, | prefer to choose some person
who is not connected with either side
1t is very clear that there is a family
feud here that started way back anc
has been maintained with considera
Bile luminosity up to the present time.
For thai reason it does not seem quite
right to Mr.. Smart that should ap-
point Mrs knight guardian" ....
The affidavit further denies that
Judge Perry was appointed guardian
on the nomination of counsel for Hen
~ G. Smart, the father.
MiIVerton's Affidavit. ~ r.
The Milverton affidavit says: ~".
Fred W. Milverton, being first duly
sworn on oath depcses and says: That
he is a member of the firm of Thomp
son, Wilder, Milverton & Lymer, at
, torneys for Henry Gaillard Smart. pro
ponent of the last will and testament
of Annie T. K. Parker Smart filed in
the above entitled court and cause,
and one OF the executors named in
said will That he was present on
the 18th day of January, 1915, when
C. H. Olson, Esq, presented in the
above entitled court and cause mo-
ton that the order Of appointment OF
Antonio Perry, ESQ, as guardian ad
Item Of Richard Smart, a minor, in
terested in the above entitled matter,
made and entered on the 18th day OF
January. 1915, be vacated and set
aside, and that he, the said c. H.
Olson, be appointed guardian ad Item
OF said minor, to represent the inter:
ests sof said minor in the saboye en-
titled natter That no copy Of said
molten has ever been served on said
Henry Gailiard Smart or hls counsel,
and affiant, a. counsel for said Henry
Gaillard Smart. was unable to secure
the original Of said motion until a few
moments before the matter came on
to be heard on the said 18th day OF
January, 1915. That at the time said
molten was called to be heard said
c. n. Olson attempted to secure its
being granted without any opportunity
being afforded. said Henry Gaillard
Smart or hia counsel to show the real
interest Of said c. n. Olson in the
matter or to show as matter of law
that his motion to be substituted as
guardian ad Htem Of the said minor,
Richard Smart, in place of Antonio
Perry, ESQ.,, should not be granted, or
to show any matter. Of facts or law
showing or tending to show that said
motion should not be granted.
That it is apparent from the atti-
tude of the said C. H. Olson, at the
time said motion was presented to this
honorable court, and by the grounds
stated in said motion itself, that it
was his intention to assume that An.
tonic Perry, Esq, who has already
been appointed guardian ad litem of
the said Richard Smart, minor, by
this honorable court in this proceed
ing, was appointed as such guardian
ad Item upon the nomination of the
said Henry Gaillard Smart or of his
counsel, and also to. assume that he,
the said c. H. Olson, represented no
person or persons in the above en-
titled matter, or with reference there
to, other than the said minor, and had
no interest adverse to or conflicting
with the said minor or his interest in
the above entitled matter, whereas in
truth and in fact, as appears by the
affidavit of r. e. Thompson, Esq, filed
herewith, the said Antonio Perry, ESQ,
was not appointed. as such guardian
ad Item upon the nomination of the
said Henry Gaillard Smart or his coun-
sci, and whereas in truth and in fact,
as will hereafter appear, the said C.
H. Olson represents, with reference to
the above entitled matter, or with ref
erence to the said minor, a person or
persons other than the said minor, and
has appeared and is appearing as coun-
sci for interests that may conflict with
the best interests of said child.
Personal Bitterness Cited.
In this connection affiant says that
on the It'll day of January, 1915, there
was filed in the circuit court of the
third judicial circuit of the territory
of Hawaii, the petition of Mrs. Eliz-
abeth. J. knight, a resident of the city
and county of San Francisco, state
of California, the grandmother of said
minor, which petition prayed for the
removal of said Henry Gaillard Smart,
the father and natural guardian of
said Richard Smart, minor, and for
the appointment of herself as guardian
of the person of said minor That in
said proceeding, Messrs. Frear, Pros.
ser, Anderson & Marx and Messrs.
Holmes, Stanley & Olson, appeared as
counsel for said Mrs. Elizabeth J.
knight. That said C. H. Olson was
then and is now q member of said
firm of Holmes, Stanley & Olson, and
said proceeding is still pending and
undetermined and said firm of Holmes,
Stanley G Olson is still counsel OF
record in said proceeding for the said
Mrs. Elizabeth ]. knight. That as ap-
pears by the statements hereafter CON
tanned, said Mrs. Elizabeth j. knight
has, for long period of time. had
an intense yindictive hatred of the
said Henry Gaillard Smart and has
done and said many things to injare
him and his reputation. That attach.
ed to the petition OF said Mrs. Eliza.
beth j. knight in said proceeding SO