The Hawaiian gazette., 1915-02-26
WILL COMPROMISE
IN S MAR / CASE
IS ALL OFF AGAIN
Failure Of Mrs. Knight To Agree
: On Mrs. Whitney, As Boys
Guardian, Cause
WOULD HAVE JUDGE
STUART HANDLE CASE
Filing of Second Will PresaqeS
= Bitter Fight To Finish
Over Estate
(From Thursday Advertiser.)


Unless all present Indicators are
not quite what they seem TO be, the
compromise agreement between Henry
Gaillard Smart and his mother.in.law,
Mrs. Elizabeth j. Knight, is all OF
again in regard to an amicable settle
fient Of the litigation now in the courts
Of the, Territory for the control of the
minor, Richard Smart, the nineteen.
month old son Of the late Thelma Park
ct Smart, and the three.million dollar
estate left by the latter when she died
in San Francisco, November II Of last
year The custody of the child has
been, all along, in the compromise, the
only detail upon which no agreement
eouid be arrived at. ~
| On. February 4, F. E. Thompson, Of
The law firm Of Thompson, Wilder, Mil
yerton a Lymer, and John W. Cathcart,
representing . the minors father,
Henry Gaillard Smart, submitted the
name of Mrs. William L. Whitney, wife
/ of Judge W. l.. Whitney of the second
division Of the first circuit court, as
i custodian Of the child, ''under the
proposed compromise heretofore agreed
upon between u.s." as Il. Il. Thompson
wrote 10 William A. Kinney, head OF
the legal array representing Mrs.
knight 81 Ii a is asserted that Mrs.
Whitney had the consent Of her hus-
band, the Judge, TO take up the duties
as such custodian, and that, as far As
she was concerned, she signihed her
willingness TO accept the custody Of lit
tie Richard until he should become
sixteen years Of age. re iEua &Es 3,
Second WIN Is Filed s.Es, ~
4 "A new angle, as published in The Ad.
vertiser yesterday, was sprung when
Mrs. Knights lawyers fled in the local
circuit court Tuesday a petition for tn
probate Of what has been styled as tn,
tsecond will,i made by her daughter,
Thelma, which antedates the third and
last will, which Mrs, Knight and her
Il lawyers claimed is not valid. This
u second win was made and signed by
4 Thelma Parker Smart March is, 1918,
and was witnessed by "a. +. Coats, Ma
son F. Prosser and Robbins B. Ander.
son. The original copy Of this win Is
said TO have been left in the possession
of Henry Gaillard Smart, but whether
1t Is still in existence or has been de.
stroyed cannot be said with any degree
of accuracy. IS, 4. - s.sgE,.
I, 3 Under the so-called .'second =
J win Mrs. Smart left all her per-
sonal goods. and jewelry to her children
and, In case no children survived her,
to her mother, Mrs. Knight; the house
hold furniture, Including the pictures,
books, objects OF art, china, silver and
linen, was left under the same eondi-
tions., In case OF Mrs Smart's death
before the death of her mother and,
therefore the termination of the trust,
deed made by the deceased, dated April
25, 1912, she disposed Of her property
as follows: ~ 5,.n. -" .r,NI
$1,000 Month FOR Husband = ~
To her husband she left $1,000 n
month, $50 long as he shall live, !" ths
balance of the income of, the estate to
60 in equal shares dto those who shall
survive me Of my said husband, my
, mother and any children who may be
. born TO me-, Specific requests were
made, totaling $1l9, 500, Of which the
biggest was one Of $4,000 to Fred J.
knight, her step,father. To number
: of her uncles,- aunts and cousins, Mrs
: Smart left $4,000 each; to her friend
Harriet Bradford $4,000; to three ser.
wants $500 each and to A. w. Carter,
Gin recognition Of his many past ser.
vices to me-" $4,000. Henry Gaillard
, Smart, Alfred w. Carter and Olaf L.
Sorenson were named as executors OF
. this second" will, Mrs. Smart pro.
I viding specifically that they should
9 serve without bonds.
E claim Judge Now Disqualified
E Now, because Smart & lawyers, under
/ the tentative agreement of compromise,
had decided upon Mrs. William L..
Whitney as custodian of little Richard,
the heir to his mothers millions, until
he should attain the age of sixteen
7 years and, further, because Mrs. Whit.
. hey, had consented TO the acceptance
4 the trust and her husband, Judge Whit
r ney, had consetned to the acceptance il
5 this trust by his wife, Mrs. knight and
. her several lawyers, W. A. Kinney,
. Frear, Prosser, Anderson & Marx, and
! Richard Smart, the minor, by C. II.
Olson, his next friend, filed in the cir.
cult court here at an early hour yester.
day "snggestion of the disuualihca.
ton of Judge civilian L, Whitney,
and request for reeusation aud trans.
fer of cause which is addressed "to
) the presiding judge at chambers. - TIL .
suggestion is supported by an af.
Q fdavit which, in almost the Same yer.
tiage, supports the contentious SGT
forth in the suggestion" The az.
fdavit, all of which is given below in
g full, is signed and sworn to by Mrs,
r Kinney.
T When asked what the fling yestcr,
" day of Mrs, Knight petition for pro,
o h"te Of The second will meant, Mr.. Kin.
n ney said:
d at means that, failing to secure a
t reasonable compromise, even by sur.
u render to Mr.. Smart Of all possitls
a property rights in her daughter es
!, tate, Mrs. Knight is now going TO as-
r sert these rights to help break .l"Ss
Continued on Wage E>Sh'l .