The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-04-23
From Wednesdays AavertiscrJ


morning. The motion was made by
Fred WI Milverton Of, counsel for
Henry Gaillard Smart, In addition
papers were fled by A. w. Carter and
Olaf v. Sorensen, asking TO withdraw
rs joint executors with Smart under
the last. will Of Mrs. Smart This
makes Smart sole executor Of his
wife's viii. He will act without bond.
There were afey spTeliminAFies h 70
shesel proceedings, which means the
bringing to an end Of litigation that
involved property interests in this
Territory now bringing an income Of
approximately $250,000 per year and
including an, estate on. the Island OF
Hawaii covering an era almost as greas
rs the Island Of Oahu, one Of the few
original great Hawaiian estates still
held intact.
Smart Takes Stand
For the first time. since the begin
ling of court proceedings several
months ago Henry Gaillardi Smart
took the stand yesterday He testi.
hed simply 10 the fact that he was the
husband Of the late Mrs. Smart, and
Of the fact Of his wife 8 death and the
making of her last viii Frank u.
Thompson Of counsel For Smart also
testified TO the execution Of the final
win Of Mrs. Smart. \ He uwns preceded
by Judge w! b. Iiytnef, who.as a mem
ler Of the firm Of Thompson, Wilder
and Lymer, executed the win FOR Mrs.
Smart. The signatures Of B. s. UlricS
ind Miss f. @. Pratt, who witnessed
he signing Of the will by Mrs. Smart,
we're identified by. Attorney Thompson.
Judge Whitney then isspsdb the orr
Ter admitting the will to, probate and
appointed II. r. Maefarlane, Willard
e. Brown and John Marcallino as ap,
oraisers Of the estate. l@s
Proceedings started by /, Mrs, Eliza.
beth ]. knight before Judge Matthew.
nan in the circuit court at Kailua,
we're dismissed last week because of
iack Of jurisdiction. q This, together
With practically every step in the ne.
rotations which led up to the final
compromise officially announced yester.
lay have been exclusively published in
The Advertiser as rapidly as they pro
crossed. .t
Poretold Last Week
Progress of the negotiations was re-.
1orted exclusively in The Advertiser
Turing last week and on Sunday morn.
ing this paper reported the signing OF
The final agreement last Saturday
.onio Perry. All that then remainea
Eas for counsel for Mrs. knight ana
,ounsel for Henry Jaillard smart 70
70 into court vesterdav and ,star, the
3roceedinos wbieb, now maan stbat the
efrkk sof the lasy svs,iI ana, Test am ~,
Il MrS. Smart viii he carried out vita
The qualifications agreed mon IN the
.compromise, ~ = ~ - -. = -,
Both sides are satisfied, y Henry
3aiBard Smart announced this to
friends Yesterday and attorneys for
Mrs. KNIGHT stated that eyervtbing e
low satisfactory. b. :. F.7.c'.F
More than two months ago The AID
Yertiser was first 10 announce exclus.
lively that acomprvm.sef had been
reached, though deniais were, made.
Since then the negotiations have been
under way and The only serious OBJ.
stacle to a complete agreement at any
time has been an agreement ms TO the
custody and Guardianship Of the child
Friends Of smart maintain that u
Is only on this point that Smart has re.
Coueu IN any way ITOm the original
position, and that SO far as the settle.
ment is otherwise concerned he will
fare better than IL the terms of the
will had been carried out as specified
by Mrs. Smart.
Joint Statement Issued
The terms OF the compromise, cover
ing fifty typewritten pages, wen
given to Judge Whitney last Satur'
day. That there might be no misun,
lerstanding as to the terms of the
settlement, attorneys for both sides
Yesterday issued the following joint
tgnsd statement:
''The compromise of all of the Smart
litigation is shown in all of its details
in the copies OF the agreements that
are attached to the petition of Judge
Perry as guardian ad Item Of Richard
Smart for authority from the court not
to oppose the probate OF the third will
Of Thelma Parker Smart and to the
petition Of Q. II. Olson as next friend
Of Richard Smart for authority to sub
NIT to the compromise. bGEN H1, -
"These agreements at the time OF
their execution were placed in escrow
with the Bank of Hawaii for sthe pur
pose Of being held Hhtil the probate
OF the will. They cover the care and
n A = 49, N