Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-13

Petition lot PROBATE, together viii
the last will and testament Of Annie
T. X. Parker Smart, was filed in the
first circuit court late yesterday after
noon. Thes'will makes specific be-
quests aggregating $l67. 500, OF which
$50. 900 Is bequeathed TO Henry Gall
lard Smart, the husband. and x2J,0OO
to Frederick S. Knight, Mrs. Smarts
step-father. The residue OF the estate
Is left to Smart
Circuit Judge ". =. Whitney set
February ID at p. m. as the time
for hearing the petition for probate
Of the will The court also appointed
Antonio Perry. a former associate JUS
tice of the territorial supreme court,
as guardian ad Item OF Richard
Smart, the l9-monthS' old son of h.
G. Smart, pending final disposition OF
the petition. The will was drawn up
January 16. 1914, few months before
Mrs. sSmart's death.
A clause in the will provides forlthe
disposition of a trust deed which was
executed by Mrs. Smart, then Annie
T. X. Parker, on April %, 1912, made
over to Alfred w. Carter. The ilstru-
ment was made irrevocable. Under
the terms of the trust deed Carter was
to make quarterly reports to her Oh
all of her property and was to pay
Mrs. Smart $4,000 monthly and to Mrs.
Elizabeth j. knight, her mother, $1,000
per month income. In addition Carte
was allowed $4,000 annually to care
for aged, disabled or INDECENT EN-
pIoyes of the Parker ranch.
This procedure was to continue I'M
til the Indebtedness on the Parker
ranch had been paid off Afterward
u per, cent of the income was to be
disposed of as follows: TwO-thirds,
or so per cent of the net income. to
the then Miss Parker, and one-third,
or Is ;per cent of the net income, to
Mrs knight, provided that at no time
Miss Parker received less than $4,000
per month and Mrs. Knight $1,000, any
deficiency to be made up from the re-
manning 25 per cent of the net income.
This % per cent was to be used for
educational or charitable purposes un-
less otherwise provided for.
-. The will is as follows:
TERMS OF THE WILL.
"kNoW ALL MEN BY THESE
PRESENTS:
"THAT !, ANNIE T. K. PARKER
SMART, wife Of HENRY GAILLARD
SMART, Of Honolulu, Territory OF
Hawaii, being of sound mind and
me mory, do make, publish and declare
my last Will and Testament in the
manner following, hereby reVokine all
former wills by me made:
"FIRST: I direct that all my JUS,
debts and funeral expenses be paid.
SECOND: ! give and bequeath all
Of my personal goods and effects Of
whatever kind and wherever situated
including jeweIry, to, my husband
HENRY GAILLARD SMART, or If he
be dead, to my children who shall sur
Vive me, or, II I shall not leave any
children surviving me, to my mother
| ELiZA6ETH ]. KNIGHT. - ..".
THIRD: give and bequeath all oil
my household. furniture and goods anc
effects Of whatever kind and wherever
situated, including furniture, pictures
books, objects OF art, china, silver anc
linen, to my husband, HENRY GAIL
LARD SMART, or, If he be dead, tc
my children who shall survive me, or
II | shall not leave any children sur
viving me, to my mother, EEIzABETH
, J. KNIGHT. }....:" /
| FOURTH: IF ! die before my
mother, ELIZABETH J. KNIGHT, anc
therefore before the termination o.
the trust established by me under
trust deed dated April IS, A. D. 1912
recorded in the Hawaiian Registry o.
conveyances, Volume 365, page 273
to ALFRED w. CARTER as Trustee
], acting under and by virtue Of thu
power given me under said trust deec
and also under and by virtue~of ever,
other right and power hereunto en-
abling me, do hereby give, bequeati
and dispose Of ALI the income Of tn,
trust estate established by said trus
deed which would have been paid t
me IL had survived until the termina
ton Of the said trust (to-wit, tn,
death Of the survivor of my salt
mother and myself, as follows, ant
do hereby appoint the following per
sons to receive the same, and do here
by direct the Trustee under said dee,
OF trust to pay the said income unit