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


yocabie trust in fayor of the said
el1ild.s ..r.
In this affidavit Milyerton declares:
THAT he is informed and believes
and upon such information and belief
states the faot TO be that counsel for
Mrs. Elizabeth j. Knight. TO wit, Z.
II. Olson, Esquire. and his associates,
are making the contention that the
last Will of Theima Parker Smart
does not obligate Henry Gaillard
Smart to share with his child, Rich
ara. sany paFt or the estate or income
of the estate; that there IS not ex-
pressed in the win anything which.le-
gaIly obligates Smart to share the In
come of the estate with the child. anG
that the child is practically disinher-
tied and net recognized b. the Will SO
far as any binding legal obligation or
right is concerned. In this behalf aft
ant says that the said Henry GaillarG
Smart has requested his counsel,
Messrs. Thompson, Wilder. Milverton
& sLyner and John w. Cathcart, Es-
quire, to see that every wish of, his
late wife, TheIma Parker Smart, as
expressed by her last will, be carried
cut, and the said Henry Gaillard
Smart has been advised by his said
counsel that under the terms and coh-
ditions Of such will, the child, Rich,
ard, is entitled as a matter of right
Of law, to two-thirds Of the income Of
the estate from the time of his ma
GRITTY, and that he. the said Henry
Gaillard Smart, is entitled to one
third of the income OF such estate,
and that If the said Smart. dies at any
time before the death of his mother
in-law. Mrs. Elizabeth j. knight, the
whole estate, under the terms of the
will, becomes the property Of the
child. The said Henry Gaillard Smart
has also been advised by his said
counsel that ulder.a proper construc-
tion of said last, will, he has no dis
erection in the matter of carrying out
the intent and wishes CT the late Thel-
ma Parker Smart but that such intent
and wishes are binding and obligatory
In every particular j.. .... ~.
Ask Court Interpretation. "
"Afffant further states that acting
under instructions from the said Hen
ry Gaillard Smart, his said counsel,
Messrs. Thompson, Wilder, Milverton
& Lymer and John w. Cathcart, Es-
quire, will in this present probate pro-
ceeding attempt to secure an inter-
probation of said will from the court
consistent with the Interpretation so
placed upon it as stated above. That
If the said Mrs. Elizabeth J. Knight,
or the said c. H. Olson, Esquire, or
any of the associates of the said G..
H. Olson. Esquire, attorneys for the
said Mrs. Elizabeth ]. Knight, con-
template the institution of any legal
proceedings based upon the assump-
ton that the. expressed wishes and
desires of the said Thelma Parker
Smart are not binding and obligatory
such proceedings will result in need
less wasting and asquandering of the
estate of the child for the reason that
no contention has been made by the
said Henry Gaillard Smart or by his
counsel or will be made at any time
in regard to the interpretation of such
will inconsistent with the interpreta-
ton above stated, and because it is
the intention of1the said Henry Gaii
lard Smart and sof his counsel at all
times to contend and insist that the
provisions of the said will create a
valid, obligatory irreyocable trust in
favor OF the said child