The Hawaiian gazette., 1915-11-02
.P|L|KlA IS STIRRED
BfDNORCE MIDDLE
Three Hundred Couples Probably
Not Legally Separated Under
Premature DEGREES N

q FL
Serious complications will arise for
about three hundred divorced couples,
many OF whom have remarked others
than their FORMER helpniates, If the
contributions Of Judge Arthur A. Wilder,
former associate Justice OF the supreme
court hold good In case now in the
circuit court. a " p t'tit
The whole pilikia has been brought
about through the final accounts Of
She estate Of Mrs. AlexandrIna Leihulu
CLARK, deceased, which were to come
before Judge Whitney a week or two
ago for approval, Carlos A. Long rep
resenting the estate as administrator,
but were continued until action is TAX
en- and d decision given in the matter
Of complaint filed by Stanley 4 Wild.
ef, attorneys for David U. K. Maikai
and Sanmel1. Maikak 49,.
Mailkai claimants Make Trouble
The Maikais now claim all this prop
erty Of the late Mrs Clark, by reason
If being next of kin of tho dead won
an They are, Is the claim, the sole
surviving grandchildren of Kamakini
ind Naaoa, who were the grandparents
Of the late Mrs. Clark. The claimants
further aIlege that Mrs. Clark was
never legally married to H. N. Clark,
because she was never legally diyorcetI
from her first husband, Morris Keoho.
kaloie, who Is still living in Wailuku,
| Maui. at ~" h-sE. X q. > y
| Where and. how several hundred di.
xoreed couples come into this mess and
are vitality interested In the outcome
Of the Maikai claims, is told by an
,fiicial of quarter of century stand
ing and connection with the Territorial
Judiciary department. y. Il.
Premature Divorce DEGREES II r.
.lH About three years ago the ques
| ton Of divorce DEGREES procured by
assuming jurisdiction in many cases
,efore expiration Of the statutory pc.
| -iod of thirty days after service OF
notice of libel fled was decided by
THE supreme court adversely to those
4 'or whom DEGREES OF divorce were
made, - said thfs Official yesterday
IdThis was so in the case of Markle VS.
Markle reported in 20 Hawaiian Re
ports, page 833. e..
t'Then there was general scurry
Ling Of libellants, through their lawyers
4 who were in the same boat as the
Markle couple, In many Instance
those parties who acquired the illega
lecrees came in again by merely filing
duplicates Of the first DEGREES, without
i tufther joining of the parties in issue
ar| giving notices to the opposite side
! that the SPECIALIZED duplicate DEGREES wer'
4 to be fled. -, ~, = ...z.
4 Property Rights Involved /, .~
| "Sihce that. npsetting Of the premat
lure DEGREES no property rights had evel
! come into question. It is now being
enduired into for the first time By
Judge Wilder, who appears for TIVE
blood relatives Of the late 'Alexandrins
Leihulu Clark against the claim Of thu
surviving husband of the deceased
Henry N. Clark, who has come dOwI
from the Coast to prosecute his claim
FtIt Is interesting to note that Clarl
claims the whole estate because of Thu
barring out, by law OF descent, o
collateral heirs such as the Maikai boy
lare; but, on the other hand, 1t is con
Tended by Judge Wilder, acting for thu
lMaikais, that the intestate Mrs. Clarl
vas ne"er legally divorced from he
first husband, Morris KeohOka
iole, who came down, to assist in tn,
contest put up by the Maikais.
Clark May Lose $4,000
,I|""1f the divorce decree is knocke'
Tout, then collateral heirs will count
lff held valid, then, Clark wins tn
whole estate. worth somewhere in tn
peighborIpod of $1,000 to $780,.
'FfThese premature DEGREES were Ale
during the incumbency Of Judge RoE
tinson.' The AIexanlrina Leihulh Clar
: matter has been postponed from tim
! to time to allow papers, that make u
/, fresh issues, to be filed and that ha
1 been done today by Judge Wilder 70
D his clients and the contest begins mex
Monday" ~