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

tContinued from page one)
! Lemon to return home with her charge
| by tOdayS boat.
Order Of Probate.
or the two wills of the late Thelma
Parker Smart now on file, the third
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 SAYS.
The appearance of this second ties.
lament apparently has aroused all the
original luminosity between the con
tending parties. Smart and his law
yers now assert the trne purpose OF
Mrs. Knight is shown. They declare
the second will does not m IKE 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
wills he 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
tlement 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 10y
Annie T. K Parker Smart on March
Is, 1913, Mrs. Elizabeth J. knight
states that she does not possess the
original but that it 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 shall
survive me-" ......., o..
In that document all her personal
goods, household furniture, ETC., are
bequeathed q to such surviving chit
dren or to her mother Mrs. knight
if there, are no surviving children.
Continuing, she says:
Fourth: If l 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. $50, page 273, to Alfred w.
Carter as trustee. |, acting under and
by virtue Of the power given me un-
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 l had
survived until the termination of the
said trust (to-Wit, the death of the
survivor of my said mother and my
self, as follows, and do hereby ap-
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: a.:
The Requests. 49,
II 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 If my
said husband or any of my said chill
dren shall thereafter die before the
termination of said trust, I 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, nay mother and
my children, provided that II any OF
my children so dying before the terrna
ination of the trust shall leave law
full issue surviving, the share of said
income which would have gone to the
said child if he or she had survived
shall thereafter go to his or her said
issue.
z Fifth: Whether | die before or
after or together with my mother,
Elizabeth j. 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, he
queath, devise and dispose of all the
rest, residue and remainder Of my
estate, both real and personal, wher-
-