The Hawaiian gazette., 1916-01-11
Demurrers In Case DiSoWned
BY Queen Say He Has
No Kuleana
CLAIM DELEGATE is
GUILTY OF LAcHES'
'Discontinuance Entered BY LiIlu-
okaIani To Be Heard BY
Judge Stuart

| That there is a misjoinder in parties
plaintiff in the case; that Kuhio does
not show that he has any right in the
| property; thht he shows no authority to
act for the queen; that il does not ap-
pear that the suit was instituted with
the approval or consent of the queen;
That IN alleging that he is next of kin
and sole heir of LiIiuokalani it affirma-
! lively appears that Kuhio is not a fit
! person to pose as 'next friend' of
the queen, and many other grounds are
set out in two sets of demurrers fled
In the circuit court yesterday to the
petition in equity under which Dele.
gate kalanianaole would have the court
set aside the trust deed executed wears
ago by Queen Liliuokalani and under
which her property is being conserved
and managed by three trustees.
The petitioners mentioned in the suit
brought by Kuhio himself, are Liliuo-
kalahi, by her next friend, Jonah Kuhio
kalanianaOle, and Jonah Kuhio Kalani-
anaole.
Recently the queen, through Judge
Antonio Perry, her special attorney, I'll.
ed in the circuit court discontnuance
u
the suit. In doing so Queen Liliuoka-t
lani set forth that the bill to break her
trust deed had been brought without
her consent, knowledge Or authority and
that, she desired the trust to continue.
kuhio s legal representatives to this
! filed motion to strike from the files
the name of Judge Perry as attorney
of record for the queen.
For Trustees And Others
The demurrers filed yesterday, both
of which are alike in language, are, on
the one hand, by the respondents w. o.
Smith, Curtis +. Iaukea and S. NJ. Da-
mon, trustees Of the estate, and on the
other hand by John A. DOminis and the
dozen or more other benefciaries named
in the Queen s trust deed. The attOr
neys for the trustees and the benefici-
aries are Smith, Warren & Sutton, and
Holmes & Stanley, while representing
Kuhio are }. Lightfoot, with whom are
associated Castle & Wilmington, and
Thompson, MilvertOn & Cathcart.
At the bottom Of each of the two
demnrrers is found the following ex-
planatOry note:
We hereby certify that the forego-
ing demurrer is not interposed for
delay"
In addition to the grounds already
mentioned, each Of the demurrers sets
forth that it does not appear that the
execution of the trust deed has or will
operate in any manner to the prejudice
of the queen; that. if the trust deed
were cancelled or set aside it does not
appear that any benefit would result to
LiliuOkalani; that it shows, on the 9th
err hand, that if the petition were grant |
ed benefit and advantage would accrue
to and for the "sole personal and ex.
Jonah Kuhio Kalanianaole.
Paragraph reads:
Kuhio Not Fit Person
That it affirmatively .,appears from
petition that the said Jonah Kuhio Ka
lanianaole is not ft or proper person
to suggest to the court or other wise to
challenge the .providency or improviden-
cy of the said trust deed or any other
act of the said Liliuokalani for the dis
position of her property, particularly as
respects any disposition thereof by her
to take effect after her DEATH
The demurrer further alleges that the
petition does not show that Liliuoka-
lani executed the trust deed without in
dependent and disinterested legal ad
vice; that neither does it appear that |
the deed, which was executed on Deem
Der ., 1909, was not the free and vol |,
untary act of the said LiliuOkalani, ex-
ecuted with sufficient motives and upon
sufficient consideration. - 1t is further
claimed that the same holds good in
regard to the "amendatory and con.
firmatory instrument executed by the
said Liliuokalani on April 20, 1910, -
the same holding true again in respect
of another document signed by the
Queen on October IL, 1911.
Queen Knew What She Did
1t is claimed, Furthermore, all such
instruments signed by the Queen were
executed by her with full and sufficient
knowledge and Understanding of the
contents and not under mistaken be-
lief as to the character of the same;
that said instruments are not unreason-
able, 'improVident, unwise, reckless or
- in disregard either of her own rights
or interests or of any obligations to
others
1t is also claimed that the petition
shows that LllluOkalani has, in discon-I
tinuing her former suit and in execut-
ing the two. later amendatOry dOcu-
ments, affirmed and confirmed the orr
ginal trust deed this manifesting her
intention and desire to keep that deed
in force.
Further reference is made in the de-
murrers to the former suit for the can
collation. of the trust deed, and that
Kuhio s petition does not show that the