Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-02-24
IS
DISTANT NOW in
SMART VILLCASE
CONTINUED from page one)

! Parker Smart now on ME, the thlrd
! is expected to be probated first. the
date of that hearing being set for
March 10 before Circuit Judge Whit
ney The second will, filed yesterday
cannot be considered until or unless
! the third is declared void.
What Smart's Side S@ys.
The appearance of this second tes-
lament apparently has aroused all the
original animosity between the con-
tending parties. Smart and his law
yers now assert the true purpose OF
Mrs. Knight is shown. They declare
the second will does not mike as good
provision for Richard Smart as the
third one does, and nowhere near as
good as the provisions of the first
compromise offered by Smart. But
they assert. Mrs. Knight would bene-
fit far more by the second than the
third will.
In the next two years, If the sec
ond will were to go into effect, Mrs.
knight would be receiving an annual
income of about $4,000" said one OF
Smart's lawyers.
Interpreting the terms of the two
Wits ne continued:
Under the second the child would
get one-third of the income after the
$1,000 a month income for the father
was deducted. But under the third
the minor would get two-thirds of the
income; while under the proposed set
Element of all property rights, Smart
offered to give the child two-thirds OF
the corpus OF the estate, and Is per
cent of the income until he attained
his majority"
Second Will Made Some Time Ago.
In her petition for the probate OF
the so-called second will, made by
Annie T. K. Parker Smart on March
Is, 1918, Mrs. Elizabeth J. Knight
states that she does not possess the
original but that 1t is held by Henry
Gaillard Smart, the husband OF the
DECEASED and father of the minor.
This second testament was drawn and
signed in the presence of A. F. Coats
and Attorneys NJ. F., Prosser and Rob
bins B. Anderson and, as the date
shows, was executed about a year
prior to the purported third will.
At the time the second will was
drawn there were no children Of the
Parker-Smart union, consequently no
provision is made directly for Richard
Smart, the present heir, save in the
general term my. children who. shaH
survive me-" ,sf.. .,..%
In that document all her personal
goods household furniture, etc, are
bequeathed to such surviving chill
dren or to her mother, Mrs. Knight,
If there are no surviving children.
Continuing, she says: .......
FOURTH: If I die before my moth
er, Elizabeth J! Knight, and therefore
before the termination of the trust es-
tablished by me under trust deed dat
ed April %, A. d. 1912, recorded in
the Hawaiian Registry of Convey
ances, Vol. 365, page 273, to Alfred w.
Carter as trustee /, acting under and
by virtue OF the power given me I'M
der said trust deed and also under
and by virtue of every other right
and power hereunto enabling me, DO
hereby give. bequeath and dispose OF
all the income of the trust estate es-
tablished, by said trust deed which
would have been paid to me If had
survived until the termination of the
said trust (to5wit, the death of the
survivor of my said mother and my
self, as follows, and do hereby APP
point the following persons to receive.
the same, and do hereby direct the
trustees under the said deed of trust
to pay the said income until the term
nation of said trust as follows:
The requests!
Il give and bequeath to my said
husband, Henry Gaillard Smart, one
thousand dollars per month out OF
said income SO long as he shall live,
subject, however. to the termination
OF said trust, and give and bequeath
the rest, residue and remainder OF
said income in equal shares to, those
who shall survive me Of my said hus-
band, my mother and any children
who may be born to me, and il my
said husband or any of my said chill
dren shall thereafter die, before the
termination Of said trust l give and
bequeath the share Of said income
heretofore going to him or her in
equal shares to those then surviving
of my said husband, my mother and
my children, provided that if any OF
my children SO dying before the term
nation of the trust shall leave law
full issue surviving, the share of said
income which would have gone to the
said child II he or she had survived
shall thereafter go to his or her said a,
issue.
Fifth: Whether l die before or
after or together with my mother,
Elizabeth ]. knight, do hereby act !
ing 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 under or indie !
pendent. of and apart from said trust !
deed hereunto enabling me, give, be-
queath, devise and dispose of all the
rest, residue and remainder of my
estate, both real and personal, wher-
ever situated and of whatever nature,
-. AZ. l.