The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-02-05
.CUSTODY0F SMART
boy now An issue
IN WILL CONTEST
GRANDMOTHER Holds Out Against
Compromise Unit! Proper
Guardian Is Appointed
'W0MAN'S HEART ALONE
IS ABLE TO DICTATE
Attorneys For Mrs. Knight Say
She Holds Key To the Whole
Problem
(From Thursday Advcrtiser.)

One thing alone is standing >out
against a final agreement in the com,
promise and settlement of the Thclma
Parker Smart estate, a full account OF
which was given in yesterdays Adver,
tiser, and this is the question: OF the
custody of the minor, Richard Smart.
Mrs. Elizabeth j. knight, grand.
mother OF the child, and her attorneys
are holding out against the conpro mise
in the terms announced yesterday, anu
will continue TO do SO until Henry Gail.
lard Smart, the minor father, aud HI,
lawyers give in on this point and
agree on the appointment OF guard
ian, other than smart, himself, VINO is
acceptable to his mother -in-law.
This is absolutely the last word in
the whole affair. A statement made -
The Advertiser yesterday by one OF
those on Mrs. Knights side of the
question, and printed below, makes the
situation clearer than il has been here.
tofore. ra
Date For viii Probate Set
Another feature of the case and one
that developed yesterday was the sign,
ing of an order by Judge Whitney set
ting March 10, at nine o'elock in the
morning, Tor the hearing of the petition
for the probate of the will made by
the late Mrs. Smart and which was fled
by her husband, Henry GaiIlard smart
through his attorneys, Thompson, vii.
, der, hilrerton L. Lymer, anu John W.
Catheart.
1t was learned definitely yesterday
by The Advertiser that Judge whitney
will not give his decision ON the mo.
ton OF C.. II. Olson for the removal OF
Judge Perry as guardian ad litem of
little Richard Smart and the appoint.
ment Of Olson in Perry's place, until
the motion fled Saturday by Mrs,
Knight, for Perry s removal, has been
argued. The purpose of the two mo,
tiOns being identical, insofar as Perry s
removal is sought, il is argued that one
decision will conveniently cover The
questions at issue under the two mo
tons. .t.
One Decision on Two Motions
A. coma .;,,o iii, L.. &c. A.,
second motion-that of Mrs. Knieht.-
can be argued and submitted, Judge
Perry remains, for the present, at least
undisturbed as guardian ad Item OF
Richard Smart, the minor, under thu
petition fled by Smart for the probate
of his wife's will and, in any agree
ment or compromise arrived at between
the warning factions, in any manner
affecting the estate, will have to re
ceive the sanction of Judge Perry
while he is representing the child's in
terest in law. The minor will have II
he made party to whatever fna
agreement may be made finally in tn,
disposition of the estate and Judge
Perry, or his successor, should one b,
appointed, will have to act for thu
minor. Such consent and approval Al
to the minor, by his guardian ad Item
will have to be given in court an(
made a matter of record. -
Other than the question Of the child I
custody, all the terms of the cOmpro
mise, first given TO the public in Thu
Advertiser yesterday, remain in fore,
and are not the subject of any differ
ences now between the coiitractinl
parties.
Advertiser Story Confirmed
Whi,o a,,on,,ts oro Ill ,,o..os1.,
hv somo Of Tho attornora oonyooto.I .;
n1e mr. tTo otbor - r. 80 :,
Ilnnv tho afnFV IuhiuhnI In The AH
verfiser tho story has haon .oner,nod
II uossihIe more anthoritativeIv TIA,
ever before and within n dav ~ twn
il is expected, the final details win h
agreed to and the necessary paper
drawn ND and signed nv ali CONCERNED
with a view of having the will nrobated
the agreement to become effective afte
such probate and necessarily auaIifyin
the terms of the will itself.
"a woman s heart alone will be abb
TO choose the guardian of the child,
said one of Mrs. Knight attorney
yesterday, "and that woman is Mr.
Knight, the grandmother of the lit
boy" No other person can as fttingl
select such guardian as Mrs. Knigh
nhd, in this, we will insist TO the enc
Provision must be made to the en-
that the grandmother will in no man
ner be impeded or prevented from Sc,
FHHA0nAnl