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

heretofore in Hawaii. He iniimates,
that Mrs Elizabeth J. knight would
take her grandchild to san Francisco
and eventually estrango the little one
from its father, should she be given the
custody Of Richard during his minority
in al affidavit fled in Judge Whit.
ney's court yesterday Smart makes his
fret definite statement in regard mat.
tcrs concerning his wifo's win, the fight
over the custody Of inotherless little
Richard, and the scrap over the, big
estate left by Thelma Parker Smart
his dead wife.
Appears Practical Admission IA
J, THE affidavit appears to be q prae'
Teal admission of a humber, of the very
important Things which are advanced
by those who scck to break the will.
i The grataInen Of the. whole litigation
is that the child OF Thelna Parker
Smart is disinheritcdt under the viii
This Smart admits, by not denying il
in his aflidavit, which in no place says
that the child has any claim upon any
part Of the principal Of the mother 4
estate. n, n 4 ~
The AFFIDAVIT admits that the child
his no claim whatever even upon the
1iieohnts ~ the estate trBsfh hei tsN.iics
tie age of twenty years, and even then,
a, eofding to the will, the child has NO
legal claim upon any partpf the income
except that he, Smart, intends TO carry
Ort the t'intent,' of the mother, as
expressed by her "wish" in the doeu'
ment ELts.r 4. sag
The AFFIDAVIT admits that thefc y
not expressed in tho will anything
which legally obiigates Smart to share
! the income OF the estate with his child
There being nothing 20 expressed as u
bo legally binding upon him The af'
: fdRyit makes no claim that the alliant
: is legally bound. " p
/ The affidavit appears to be a frank
Z ndHifssion that the child il Substantial,
} ly disinheritPd, a which is the claim
made BY Mrs, sKnight the child s grand
mother, upon which claim her case
mainly depends liz, yt
SIT is now and it always has been
my wish and intention that the spirit
as well as the letter of the last will
Of my wife, Thelina Parker Smart, be
carried ont, says Snart in his aida,
Wit. 2'6It was clearly the iutent Of my
wife, Tbelna, that two thirds Of the
income OF her estate from the time my
sen, Richard, becomes Of age and dur
ing the lifetime Of my rnother;in-law
Mrs. Elizabeth j. Knif hit, should be
given TO my child rr-3f +.
Mother IN Law Provided For, - |..
Smart goes 10 say that after his
Z niotheriHrlawis deathand when Richard
becomes Of age the income Of tho es'
tate will be divided, two-thiTds fol
Richard and the other third for him
self, He says, further, that under tbs
trust decd Mrs. Knight win receive
$1,000 a month and that during thu
present year this will be increased Il
1880, during her life time. tf.'
Al Getting down TO the present -fgbI
y made by Attorpey%G. III. Olson to b,
appointed guardian nd litbm Of Che
minor in place Of Judge Antonio Perry
Smart concludes his affidavit as fol
lows: ~, as
a.'I have no objection TO and would
urge either the retention Of Judge Per
ny as guardian ad iitem In this pro
eeeding or the appointment OF som'
other disinterested person, that Is, dis
! interested as between Mrs Knieht anC
{ myfeif, who would have no other in
tercst to consider but thatfof tn
child. nt6 gt.f
smtrt's Attorneys To Be Heard
AT the hearing on the motion fol
d substitution Of the guardian ad litom
Judge Whitney said yesterday, Will,
deciding that no absolute rule existet
in law allowing the Smart lawyers Il
Interfere at the present juncture, thai
he would extend to them the courtesy
or being heard, as friends of the court
--amici curiae. as IL is, known in lega
phraseology, There was but little atgu
ment INDUCED in on the motion TO
Olson 3 appointment yesterday. Wher
the afliAavits, of Smart, Fred W. Nil
verton cd T. E.. Tbompson were pre-
sented in court, with MilvertQn : re
quest that Thompson, Wilder, Milver
, ton q Lymer, and John w, Cathcar
a. be allowed to appear on hearing o
motion of G. II. Olson for removal o
Antonio Perry as guardian nj litem au'
appointment Of himself Attorney lOl
son moved that the three alidayits b,
4 8