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

Petition for probate, together Win
| the last will and testament Of Annie
T. X. Parker Smart. was filed in the
| first circuit court late yesterday after
noon. The will makes specific be-
quests aggregating $167.500. Of which
$4,000 is bequeathed to Henry Call
lard Smart, the husband, and $4,000
| to Frederick 8. Knight, Mrs. Smarts
step-father. The residue Of the estate
is left to Smart
Circuit Judge V. (. Whitney set
February Is at 2 p. m. as the time
for hearing the petition for probate
Of the will The court also appointed
Antonio Perry, former associate JUS
tice of the territorial supreme court,
as guardian ad Item of Richard
Smart, the 19-months' old son OF H.
@. Smart, pending final disposition OF
the petition. The will was drawn up
January 16, 1914. few months before
Mrs. Smart's death.
A clause in the VIII provides for the
disposition OF a trust deed which was
executed by Mrs. Smart, then Annie
T. K Parker. on April %, 1912, made
over to Alfred w. Carter. The instru-
ment was made irrevocable. Under
the terms of the trust deed Carter was
to make quarterly reports to her on
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 5000 annually to care
for aged, disabled or INDECENT EN-
ployes Of the Parker ranch.
This procedure was to continue un-
| I'll the Indebtedness on the Parker
ranch had been paid OF. Afterward
E75 per cent of the income was to be
disposed Of as follows: Two-thirds,.
or. 80 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 $500, any
| deficiency to be made up from the re-
naming % per cent of the net income.
| This 25 per cent was to be used for
educational or charitable purposes un-
less otherwise provided for
The will Is as follows:
lTERMs or THE WILL.
"kNoW ALL MEN BY THESE
PRESENTS:
THAT l, ANNIE T. x. PARKER
SMART, wife Of HENRY GAiLLARp
SMART, Of Honolulu, Territory Of
Hawaii, being Of sound mind and
memory. do make, publish and declare
my last VIII and Testament in the
manner following, hereby revoking all
former Wills by me made:
FIRST: ! direct that all my Just
debts and funeral expenses be paid.
SECOND: give and bequeath all
81 my personal goods and effects Of
whatever kind and wherever situated,
including jewelry, TO my husband,
| HENRY GAiLLARD SMART, or Il ne
Be dead, to my children who shall sur
vive me- or, u shall not leave any
children surviving me, to my mother,
IELizAbETH ]. KNIGHT.
! THIRD: give and bequeath al Of
my household furniture and ao6ds and
I.efreeke 81 whatever kind and wherever
Situated, including furniture, pictures,
books. objects Of art, china, silver and
/ linen, 70 my husband, HENRY GAIL
LARD SMART, Or, If he be dead, to
my children who shall survive me, or,
Il shall not leave any children sur
svlvin1 me, to my mother, ELIZABETH
KNIGHT.
@FoURTH: " die before my
mother, ELizA1ETH J. KNIGHT, and
therefore before the termination Of
the trust established by me under
trust deed dated April Is, A. .. 1912,
recorded In the Hawaiian Registry Of
4 conveyances, Volume 365, page 273,
to ALFRED w CARTER az Trustee,
I, acting under and BY virtue Of the
power given me under said trust deed
and also under and by virtue Of every
other right and power hereunto en-
ablin1 me, do hereby give, bequeath
and dispose Of III the income Of the
trust estate established BY said trust
deed which would have been paid to
me II had survived until the termina-
ton Of the said trust (tb-wit, tho
death Of the survivor Of my said
mother and nlyself). as follows, and
DO hereby appoint the following per.
sons 70 receive The same, and do here.
BY direct the Trustee under said deed
4 Of trust 10 nav the eaid fneoy,e until