The Hawaiian gazette., 1916-03-17
LiIiuokaIani Files Petition To Per-
petuate Testimony Of Lucy.
Ward and 0naona Bell
JUDGE WHITNEY TO HEAR III.
''"' QUESTION NEXT TUESDAY
huch Of Fight Over Big Estate Ct
| f. HagaH's last Monarch Is
! Reviewed

| Proceedings tending toward the per.
petuation of testimony bearing upon
the subject of the sanity and mental
competency of Queen LiliuOkaIanf at
the present and for some time past,
! were begun in the circuit court yes
terday by Queen Lilinokalani, through
Judge Antonio Perry, her attorney,
against Jonah Kuhio Kalanianaoie,
Lorrin Andrews, "so-called next friend
and guardian ad Item of Liliuoka.
Iani,' the trustees Of the Liliuokalani
trust and all such others as had been
made respondents in the equity snit
recently instituted in the Queen : nhme
by Kalanianaole to set aside her trust
deed. a.#l
An order Fighel by Judge whitney
at eleven o clock yesterday morning
requires the respondents to appear be-
day morning, Eat which time and
place the testimony Of Miss Lacy Ward
ana Miss OnaOna Bell upon the aues-
tions Of sanity and mental compel.
ency'' of Queen Liluokalani twill be
taken FOR the purpose of being per.
petuated in accordance with law. -.
Wants Testimony Perpetuated '.
The Queen, in the proceedings filed
yesterday says, under paragraph eight:
THAT this petitioner is DESTROYS of
Perpetuating the testimony of Miss
Lucy Ward, a resident Of Honolulu,
Oahu, and Of Miss Ohaona Bell, a rod.
dent of Vancouver, British Columbia,
Canada, upon the subject Of the SAM.
ty and the mental competency Of this
petitioner at the present time and for
some time past; that the said Miss
Bell is about to depart from the Ter
ritory of Hawaii and to return to her
home in said Vancouver, b. C., to re-.
main there indefinitely; and that the
said Miss Ward is about to leave the
| Territory of Hawaii to remain without
| od.D '''' '''
Such steps are to be taken at the
hearing on Tuesday and adjournments
thereafter "as are required by law In
such cases in order to make the testi.
moRy and depositions so. taken admis
sible in evidence in any action, snit
proceeding, trial or (and) Judicial con!
troversy that may now be pending or
may hereafter be had between the
parties to this petition and proceeding
or their priVies or successors in in,
terest touching the issues Of sanity
and mental competency hereinbefore
set forth. "
In her petition Queen Liluokalani
says that she is a resident of Honolulu,
seventy-seven years old and that she is
possessed real, personal and mixed
property in the Territory; that on
December 2, 1909, she executed a deed
of trust "for certain uses and pur-
poses therein stated" that this deed
was amended by the execution of new
deeds dated respectively April 90, 1910,
and October II, 1911.
She alleges, further, that on Novem,
Der 30, 1915, Jonah Kuhio Kalaniana,
ole instituted an equity action in her
name to cancel and set aside her deed
of trust; that this equity suit was
executed without her knowledge, au,
thority or consent "and that she has
not at any time desired and does not
now desire its maintenance and that
on or about December 80, 1917, she did
file in said suit her discontinuance
thereof and motion to dismiss the
same.
The Queen also claims that "Lorrin
Andrews, one of the respondents here
in, is claiming to be and to act, in said
suit in equity, as next friend and
guardian ad Item of this petitioner,
Liliuokalani, under a purported APP
pointment Of judge Of the circuit
cont of the fist judicial circuit
sitting in said suit in equity,-which
said purPorted appointment was made
af' er this petitioner had filed her said
discontinuance in said suit and was
made, as this petitioner claims, with,
out right, without jurisdiction, inval
idlv without notice to this petitioner
without a hearing. without evidence,
and without justification. She also
adds that she had made one or more
wills dispOsing of certain of her prop.
ertY net conveyed by the said deed of
trust
Queen Is Sane
The Queen claims that "she is now
and at all times heretofore has been
as is the truth, of sound mind and
competent TO execute said deeds and
VII ." wills. .......t to take care of hen
own business affairs, to discontinue
and terminate any suit or suits i'm
properly and without her authority
brought in her name by any one pur
porting to act as her next friend OF
Guardian ad Item or in any other uu
INST, unauthorized and unwarrapted
capacity whatever. $500. and to further
and protect in all other respects .....
her interests in the property conveyed
hy the said deed of trust and other
deeds AMI in all other property what
SO@Ner and her desires concerning the
disposition and dcYOlutiOn Of hrr prop
erty during her life and after hrr
death"
Judge Perry's motion for entry OF
n discOntinuanrc Of the Kalanianaul,
comfy snit so far as the Queen i,
personally concerned, in acrordanc,
; with the instructions Of the suprrm,
court. was confirmed ny Judge Stuar
yesterday for hearing until after tn,
snnrem" court hears aud deeides Kn
laniaRaole = motions for rehearinl
Of the matter there.