The Hawaiian gazette., 1915-02-05
FATHER TO
|CONTROLSON
Continued from Page FHe)

p . .
the earlier petition fled by Mrs knight
asking for the administration Of the
estate and contesting the validity Of
the win itself. T
win ,ns ing Of this petition Judge
william L. whitney appointed Judge
Antonio Perry, formerly member Of
the territorial supreme bench, as guard
ian ad Item Of the minor, to represent
little Richard Smart and safeguard his
interests in the contest over the viii
OLSON WOULD SUCCEED PERRY
The next step was the fling Of q mo
ton by Attorney Clarence II. Olson,
one Of the attorneys for Mrs. Knight,
asking for the removal Of Judge Perry
as guardian ad Item Of the minor and
his own appointment as such guardian
in Perry's stead This motion was
argued at great length before Judge
whitney during the two past weeks,
other being fled, all Of which were
printed in The Advertiser At the con-
clusion Of the hearing Judge Whitney
took the whole matter under advise
ment, his decision being expected ct
an early date. t0 &a.a t..
GRANDMOTHER STEPS IN AGAIN
The last step taken in ali this ntiga-
ton. was the motion fled by Mrs.
Knight last Saturday in. which she
claimed that she had been assured,
through her attorneys that no guard,
ian ad Item Of the minor would be
appointed without her side being heard
In the matter, but that, despite thft
assurance Judge Whitney had appoint
cd Judge Perry. In support Of thti
Mrs. knight, on this showing. asked 70,
Judge PerTy's removal. Her motor
was supported by Attorney Robbins B
Anderson, who fled an afidavit II
which he claimed that he had person
ally approached Judge Whitney and Sc
cured the assurance mentioned in Mrs
DECISION PENDING
A hearing on this last inoti0ffiis nov
pending and 1t has been stifihfSed tina
Judge whitney would withhold his de
cision on Olson's motion until he had
heard argument on that Of Mrs. Knight
This was the situation Of affairs wheI
IL was learned yesterday that an annie
able settlement Of the whole fight has
been agreed to in principle and tina
the closing details would be taken VI
Il
between counsel some time today. ~
CONTESTS TO BE DROPPED
Papers embodying the terms Of tn
settlement, practically in the name
stated above, win likely be signed sool
between the respective parties to It, al
1 petitions and motions, other than tina
continued and tno viii itself viii b
4 a hA halfa
Of those on the inside. ,
In her will, Mrs. Theima Parke
Smart nominated and appointed Henri,
Gaillard Smart, Alfred w. Carter an
Olaf L. Sorenson as executors. -a
Under the trust deed, Mrs. Smart wa
receiving an income Of $4,000 . montl
and her mother, MRS. Knight, $1,000
month, and these amounts were to b
increased during the present year, Q
as soon as the trust estate was on
Of debt, to $4,000 and $500 month
respectively. Even after the death q
her daughter Mrs Knights income cor
tinues, subject to the terms ~ the trus
deed. I- - =.
.. TERMS OF WILL = ..~.,.r
Mrs. smart left her whole estate ;
her husband, save and excepting tn
specific requests made by her, and n
quested that he give two-thirds Of TIL
estate to his children. The specific bt
, quests, amounting to S167,600, an
, which will be honored, according TO tn
reported settlement Of all the difiicu
, ties over the estate, are as follows:
Henry @. Smart, $4,000; Frederic
8. Knight, Mrs. Smart's stepfathe
! S25, 900; Alfred w. Garter, las evidenc
| of my appreciation Of his many So
I vices to me-" says the testatrix, $40
G 900; Mrs. Harriet Dowsett, Mrs. Ma
I tina Dowsett, Annie Kirkaldy, Mario
G Worthington, Eva Woods, Helen Wild
y mann, aunts, $4,000 each; Samuel Doy
o sett, Ernest Parker and JAMES Parke
n uncles, $4,000 each Richafd Day
Smart Jr., Wyatt. Aiken Smart an
Robert Pelzer Smart, brothers-in-laN
$4,000 each; Ella Aiken Smart, siste
in-law, $4,000; nene Mcguire and Cha
!, lotte Dowsett, cousins, $4,000 each; 8
n zette G. Newton and Harriet Bradfor
$4,000 each: Kaeo Kailikini, Wailaah