The Hawaiian gazette., 1915-02-26

ceedings pending before him as afore.
said. ~ a
Wherefore petitioners pray that
said Judge do recuse and refuse TO sit
herein and in any Of said matters pend.
ing in this court as aforesaid, and that
this proceeding and ell Of said proceed.
ings be t5rthwith transferred TO the re.
naming judge Of this court having
charge OF civil matters, to-wit, the Hon.
Thomas B. Stuart.
"The foregoing petition is based
upon the record herein and npon the
records In all the above smenti0ned
proceedinfs ana Cd the Hnl1hvitSDf W.
A, Kinney, hereto attached and made
part hereof.
Attorney W. A. Kinney's AFFIDAVIT
follows;
H'W. A. Kinney, being first duly
sworn, deposes and and says; That he
is one Of. the attorneys OF Elizabeth J..
knight, retained in all matters affect.
ing the custody Of Richard Smart the
son of Annie T. X. Parker Smart, de-
ceased, whose estate is before this
court for settlement and in all mat.
tiers affecting such settlement. That
prior to and, on the 4th day of Febru-
Gaillard Smart and said Elizabeth J.
knight were in progrss with the view
to a settlement of the proposed con
test Of the probate Of the purported
will Of said deceased fled for probate
by said Henry Gaillord Smart, and as
a part Of the proposal for such com
promise, it was proposed that said
Richard Smart should be placed In
the custody Of some. third person until
he should attain the age of sixteen
years, and said parties were consider
ing persons who might be appropriate
as such custodian; that in his capacity
aforesaid, affiant received from i. II.
Thompson, a member Of the law firm
Of Thompson, Wilder, Milverton 4
Lymer and one Of the attorneys in said
matters for Henry Gaillard Smart
father Of said minor, notice that the
Esaid Henry NGaillard Smart had nomi-
mated Mrs. w. l.. Whitney the wife Of
the Hon. w. l.. Whitney, Judge Of this
court, custodian of said Richard Smart
whereby the said Mrs. whitney would
have the care, custody and rearing Of
, said Richard Smart for long term of
years, to-wit, until he was sixteen
years old, and would receive large
monetary consideration and profits
from the discharge Of her duties as
such custodian, a copy of which said
formal notice of nomination is hereto
attached and made part, of this aft.
davit. -@t u =. ST. ~t#
Judges Tacit Consent ;
"Affiant further says that on the
day on which he received said notice
Of said nomination, rs set forth in the
copy hereto attached, he was Informed
by the saidVF E. Thompson that Mrs.
w. L.7Whitney had accepted the nomi.
nation and was ready and prepared to
act and that she had accepted said
nomination with the knowledge and
consent Of her husband, the said Hon.
w. L. Whitney. THAT the said +. E.
Thompson asked affiant to approve of
said nomination on behalf of the said
Elizabeth J. Knight yinp which event it
was assumed by said b. Z. Thompson
and acceded to by afiiant that the nom.
nation aforesaid would be good and
effective and would settle all ques
tiOns relative to the, custody of the
child, subject only to adverse action
by the courts, That neither the said
Elizabeth j. knight or anyone acting
TOT uef OTsTepTebeutluB ucE JOOh dFIlOh
upon said nomination other than to
protest against the impropriety and
illegality of it in view of the fact
that at the time said nomination was
made vast interests in which their
client, said Elizabeth J. Knight, was
concerned were pending before the
said Hon. w. l.. Whitney, as set forth
/ in the motion of which this affidavit
Is q part, and that some of said issues,
! particularly the question OF the final
selection of a guardian ad Item for
said minor child, Richard Smart, were
then under advisement by the said
Hon. W. L. Whitney, and that said
question Of the selection of q guardian
ad Iitem is still under advisement, by
said Judge, though as far as affiant is
informed and believes the selection of
Mrs. w. L. Whitney as custodian of
said Richard Smart has been wholly
abandoned by all concerned"
Thor.pson's offer
+. +. Thompson 3 letter, addressed
to w. A, Kinney and dated February
4, Is as follows:
g Confirming the proposition / made
TO you this morning, hereby. submit
the name of Mrs. william l.. Whitney
as custodian of the child, Richard
tSmart, under the proposed compromise
heretofore agreed between us. d" :
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