The Hawaiian gazette., 1916-05-26
MORE LITIGATION
MAY kV0LVEB|G
PARKER HOLDINGS
Administration lsUnahle To Reach
Satisfactory Method OfsAp-
pralslnu Great Estate
COURT has BEEN ,ASkEDal
FOR EXTENSION OF TIME
Inheritance Tax, Which Is Over
due AND Cannot Be Adjusted,
Subject 10 Penalty

More litigation over the $4,000 900
estate left by Annie Thelma Parker
Smart is looming on the legal horizon.
Attorneys Thompson, Milyerton &
Cathcart, representing the Trent Trust
Company, administrator Of the estate,
have admitted that so far they have
been unable TO reach satisfactory
method Of appraising the estate, al
though more than eighteen months
have gone by since the death of Mrs.
Smart! They have nsked the court to
remit the penalty of ten per cent im-
posed by the law for failure to pay
the Inheritance tax after reasonable
lapse of time. ss& ..'ffvfsE - A.
\ Technically, this question Of the in
heritapce tar upon the big estate, a
tax that in itself amounts to a large
sum of money for'the Golfers Of the
Territory, is the one that may have
to be decided by an appeal TO the
courts. The attorneys, however, have
been working hard to avoid this, and
have been holding frequent eonsnlta.
tions with I. NJ, Stainbaek, territorial
attorney general, in an effort 10 reach
some understanding whereby the mat
ter can. be satisfactorily settled.
No Appraissmsnt Made saf VI
"QIn'the papers prepared by Mr.. Mil
vefton,t s in whose hands the Affair has
been placed, and filed IN the eifeuit
court yesterday, IL 10 pointed out that
owing TO the 81 una voidable delays in
the Probating OF the will of Mrs. Smart
and in administering the estate she
left, it has been Impossible TO i'settle
the matter within eighteen months"
| The petition for the order of the
court, ahrogating the legal penalty of
i ten per cent for failure to pay the in
beritance tax, also states that this de-
lay has been due to the many compli-
cations that haye arisen in the set
Element Of the estate. The petition also
speaks of the "frequent consultations
between the attorneys and the:.attor'
ney -ge neral" in an effort to straighten
out the question and reach . tsatisfac-
tory adjustment, These negotiations
are still under way, it is understood,
"but no method of making an iap-
praisement has been determined upon,
and no appraisement has been made, -
says the Petitions@',t
Trust Deed Is Drawback = Na!t
I
ment Of the Smart estate are many and
vexatious, declare lawyers who Nave
been in touch with the case, There
Is trust deed included in the will
Of Mrs. Smart. The trust deed prov.
ides for the interests of Mrs. Elizabeth
J. Knight, mother of Mrs. Smart,
Henry g. Smart, deceased, the husband
of the 'testatrix; Richard Smart. her
i infant son, and a number of others.
b The begnests provided by Mrs. Smart
4 lin her will are made t'uhdeT the 'au-
thority vested in her by" this trust
j deed, which was fled April rs, 1919.
All this complicated the proba ting
of the will and the Obligation started
by Mrs, Knight, following theA death
Of her daughter, and and the death of
Smart haye further complicated the
4 whole matter until now the questions
are proving puzzlers TO the attorneys
Il aFhe AMOUNT Of the inheritance tax
4 which the benefGiaries under the will
are to pay Individually and cohesive
ily,j the'payment of the sums given to
y. them by Mrs. Smart; this status Of Mrs
a Knight = interest in thesestate, and sthr
a legal stltussof the boy, Richard Smart
I Under the,wili,, are allt be settled.
h QUESTION of lConpdting Tax ".S
! ~ Attorney Milvarton In 'spealing' OF
the latest developments, said yester
|, days &. aa'A%' no "a sfseefEi -. - -
! Itt"f'I believe that the ease can be ear
RED through without further litigation
so far as the question of the inhsrit
ance tax is involved There have been
so many complications in the whole
4 affair, that the question Of computing
n the Inheritance tax has been rendered
! extremely dificult, and in order to
! avoid paying. the ten per cent penalty
(which the law provides shall be levied
4. in case of pnd ne delay in the payment
!, of that tax, we have asked the. court
! for additional time. The court pas
authority under the statute TO grant
this request upoR proper showing.
| $50 far as L can see now the status
ofithe heirs Under the will is not jlyol
we'd at All, and viii not be. It is merely
q question Of computing the tax, and
we are still in negotiation with At
tOrney- General Stainback regarding the
proper methods to be adopted in that. -