The Hawaiian gazette., 1916-02-08
QUEENS TRUSTEES
. LOSE FIRST BOUT
I. IN DEED BATTLE
Court 0yerrtlles Demdrrers and
Appoints LorrinaA. Andrews ~
sa Guardian AID litem =
l.r 10 ~. 49,
ELEGATE REMOVED AS a,rt
NEXT FRIEND BY COURT
43-. 4. g., d.. r--T- jG,. 49,,
Her Maiesty's Motion To Drop
Case Dismissed BY Judge
.5 Stuart Il


No longer is Kuhio "next friend 10
Queen Liliuokalani In his place is
LOrrin A. Andrews, placed there yes
terday by Judge Stuart, of the circuit
court, after he had overruled the de.
mnrrers fled by the trustees Of the Lii.
iuokalam Trust, to the suit brought by
Prince Cupid to break that trust.
Incidentally Judge Stuart also. dis
missed the motion made by the Queen
herself, to drop the action Andrews
will also serve as guardian to Her Ma
Jesty while the case is in the courts.
"a. Judge Stuart in his decision fled
yesterday morning. goes very fully IN
TO the history of the case, citing moro
than 100 Authorities, as well as giving
q very full and comprehensive account
of the main points at issue in the iiti-
CATION, as set forth in the complaint
filed by Delegate Kuhio.
Finds No Good In Deed
The court finds that it' is claimed in
the complaint that the trust deed
shows upon its face that the allegations
of the complaint are true, that tho
Queen is not capable of taking proper
care of her property at the time she
executed 1t. The issues,u the decis.
ion says: when made up may put the
matter in a different light and perhaps
all l should say now is that find
nothing in the trust deed 10 recon
mCnd it, and its contents seem to-
carry out the allegations of the bill
against it, ..,., -.
Proceeding with his argument the
court declares that, elf this deed of
trust was not cevocable BY the Queen
at ner pleasure. - he adds, "tben phe
bad no right to make any will after
its execution, and indeed, it would
ahnul aiiy will she had made prior 10
itS exception
Finds Right For Queen
The Judge also finds that the Queen.
j.. and was. in every respect capablea of
making the trust deed, and that as a
consequence, she is equally capable OF
rcroking the deed she made upon her
own motion, without regard to the pro
visions of the deed which insist that
w." trustees shall join in such revot a
ton.
As regards the absolute right of
the Queen to appear in court and de.
1and a restoration of her property, "
INC decision adds, "and that this trust
h" annulcd, although she was fully
crApaL lie of making the trust, but doe,
rot desire 1t to continue any longer.
i"fre may be ground for dispute. A
& r myself, | believe she has THAI
right.
But such is not this ease. The
present action presents one of fraud.
take and Ovcr-reaching upon tn,
art of others who sought to obtain
property through this deed, and OF |
stare on her part and of incapacitl
{ her part to take care of her in
+ rests. Under such facts as are her,
J e'entcd, | do not know Of any case
t at holds that the deed cannot be
: : aside.
D ;ines Right OF Prince
81 think, therefore, that the Prince
has the right to protect his contin
: %ht interest in thr estate of the Queen
ON all friends and Ovcr-rearhing that
} ~ have been practised. If she One
I ecn) is DISABLED from making con
t nets be has the right to strike down
ven contracts now while she is living
I 1t might be impossible to do so
= ter her death.
Again, | say that because he NAV
able to strike down this deed Of
INST, 1t does not follow that he will
yer obtain the property or any part
&" IT, Both demqrrers are ovorrulod