The Hawaiian gazette., 1915-02-26
MRS. KNIGHT CHALLENGES JUDGE
WHITNEY'S JURISDICTION in CASE
Claims That Mrs. Whitney'S Acceptance Of
Thompson's Offer Disqua1ifies Husband
CONTINUED from Page Fivs.l

| IA Confined from Page FiveD
the third will, under which Mr.. Smart
can claim the whole estate, but her in
structions to US are to throw al our
help to Mr.. Olson, VINO, rs next friend
for Richard, is claiming that all three
wills purporting TO have been made
by Mrs. Smart, including the second
will, are invalid or cancelled, and there!
fore that Mrs. Smart died intestate, I'm
which event practically her whole es.
tate goes TO Richard rs her sole heir.at-
law. ID. - 49, Up IL q.
Real Fight Now On
"In my opinion, y said Mr.. Kinney,
"the real fight is going TO develop
along those lines, between the third
will and total intestacy, with a very
good chance that the third will will
be wholly defeated and intestacy es-
| tablished. $500 4
''we merely claim for Mrs. knight
that II any of the wills are good it
; is clearly the second will, but have
no quarrel with Mr.. Olson that nom Of
them are good, and we are supplying
him with all evidence In our posses,
sion supporting his contention. Under
the second will Richard gets two.thirds
of the estate, not in the shape of q
dubious request to that effect, but
out and out in good, plain English,
and Mrs. Knight gets what she has
been offering to Mr.. Smart for a
compromise, but he evidently thinks
that he can get it all, anyhow, under
the third will, without having TO pro-
vide for the boy or consider Mrs.
Knight. G.. Hhg -E5
Suggestion Of Disqualification
/ The suggestion Of disqualification
of judge and request for recusation and
transfer of cause, - which Is addressed
to the presiding judge at chambers, is
as follows; a5 IN
Nov come Elizabeth ]. Knight, by
her attorneys, W. A. Kinney and From.
Prosser, Anderson & Marx, and Richard
Smart, a minor, by Clarence II. Olson,
his next friend, and RESPECTFULLY rep,
resent that the following matters were
| pending judieially before the Hon. W.
L. Whitney, second judge Of this court
and presiding judge at chambers, on
the fourth day of February, 1915, to.
wit: ,ss>s'. ... I.>s l., '.r.,t
| Oh NIdTence n. OlSOn
as next friend of Richard Smart, q
minor, for the issuance of letters of
administration in the matter of the
estate of Annie T. X. Parker, deceased,
fled in this court on theGsleventh day
of January 1918. and thtPIpetition Of
Henry Gaillard Smart foF probate Of
an ipstrument alleged to be the last
will and testament Of the said Annie
T. X. Parker Smart, filed in this court
on the twelfth day Of January, A. ID.
1915. ~ .s l,..g.
Three Petitions Already Filed 2, "a
That since said February 4, 1915,
said Hon. w. l.. Whitney, as presiding
Judge at chambers, has acquired juris.
diction over the petition of said Eliza
beth J. knight, fled in thibe court on
the twenty.third day Of FebiGary, 1915,
for probate of another Instrument al
legged to be the last will'and testament
of the said Annie T.. X. Parker Smart,
deceased; that all three of said petit
tions and matters are now pending be-
fore said Hon. w. L. Whitney, said
Judge; that in the matter of said petit
ton, for administration the said Clar.
enee II. Olson was appointed next
friend of said Richard Smart, minor,
on the eleventh day of January, 1915,
and ever since said date has been and
now is acting as said next friend, and
that in said capacity he appeared in
the above entitled matter on the nine
teenth day of January, 1915, and
prayed that Antonio Perry be removed
as guardian ad Item of said Richard
Smart herein, and that he, said Clar-
ence II. Olson, might be appointed as
guardian ad Item of said Richard
Smart herein and that his said petit
ton was argued before said Hon, w,
l.. Whitney and was submitted to said
Hon. W. l.. Whitney the twenty eighth
) day of January, 1915, and is now pend
ing and undetermined before said Hon.
W. l.. Whitney as said judge; that on
the thirtieth day of January, 1915, said
Elizabeth J.. knight appeared herein
and prayed that said Antonio Perry be
removed as said guardian ad litem,
| and that her said petition is now pend
ing and undetermined before said Hon.
1 W. l.. Whitney as said Judge, ~.. 49,. .
Story Of Negotiations :,
THAT thereafter, nut before the
r fourth day of February, 1915, negO,
: tiations between said Henry Gaillard
: Smart and said Elizabeth J. Knight
were in progress, with the view to a
; settlement of the proposed contest OF
e the probate of said purported will o,
t said deceased hereinbefore first men
j toned, and as a part of the PROPOSE
/ for such compromise it was proposed
4 that said Richard Smart should BIZ
e placed in the custody Of some thirt
person until he should attain the agl
r, of sixteen years, and said parties wer,
considering persons who might be ap
It propriate as such custodian; that OF
u or about the fourth day of February
It A. d. 1918; without the knowledge o
h consent of your petitioners, OF eithe
g. of them, the wife of the said Hon
IT w. l.. Whitney was offered by the sal
pr Henry Gailiard Smart his nominatio
for the custodianship of said Richar
&c Smart, said custodianship to continu
10 for a long term of years, to,wit, unit
Il. said minor became sixteen years 0
Of age, and that said Mrs w. l.. Whit
ly ney then and thereupon accepted sal
t. nomination, with the knowledge an
TO consent of said Hon W. l.. whitney
Is and that in and by said nomination an
selection for custodian tho amid NJ