The Hawaiian gazette., 1916-03-31
.LORR|N ANDREWS
. MADE GUARDIAN |.
OF AGED QUEEN
Files Cross Bill and Answer
Claiming His Ward Is Not
Mentally Competent
CHARGES UNDUE INFLUENCE
IN MAKING OF TRUST DEED
Asks That laukea and Dominis,
Among Others, Leave LiIiu-
okaIani Alone $780,

| Lorrin Andrews was appointed by
Judge Stuart yesterday as guardian
nd Htcm for Queen LiliuOkalani, to rep
resent her in law in the equity suit
| instituted by j. X. Kalanianaole to can
eel the Queen s trust deed which was
made six years ago. On Wednesday,
Queen Liluokalani finally succeeded in
having her name withdrawn as a co.
petitioner of KalanianaOle in the same
action, but Judge Stnart, of his own
motion, ordered that the Queen be made
respondent in the suit.
Leave was also granted on Wednes-
day to amend kalanianaOle s petition to
the extent that it now alleges that
Lfliuokalani is not of sound mind. I'm
til she proves to the contrary she will
have to be represented in court by a
guardian al Item. -, n
With his appointment as guardian adj
Item Andrews yesterday fled cross
bill and answer for his aged ward.
Speaking for her he SAYS that Liliuo
kalani made the trust deed and other
instruments connected Herewith un.
willingly and acting entirely under the
undue influence of Curtis P. Iaukea and
John A. Dominis, respondents in the
suit,
Lorrin Andrews Active -
In the name of the Queen Andrews
claims that she did all this because "by
reason of age and mental infirmity she
was unable TO understand and compre-
bend said deed and other instruments,
or the making thereof, or their provi-
sions.' lie also says for his royal
ward that in reality the execution of
the trust deed was the work of Iankea
and Dominis. In another place in the
cross bill and answer the guardian ad
Item goes on to say:
" Respondent further alleges that ev.
er since the making Of said deed of
trust the said Liliuoka lani has been
and now is mentally incompetent ana
incapable of understanding or realizing
the provisions of said deed of trust,
and does not so understand and realize
the same, and is incapable of advising
with attorneys and does not know of
the progress of this suit nor what has
been done therein, and is incapable
of acting for herself and in her own
behalf in the matters and things set
forth in this suit. !" 49,, d..
In conclusion the petition asks that
the trustees be required to reconvey to
the Queen the title to all the property
described in the trust deed and that
the respondents, especially Iaukea and
Dominis, he restrained from interfer-
ing with the Queen.
Story Of the Case
In a nutshell, the progress of this
suit has been as follows:
On November 30, last, the eve of hi
departure for Washington, Delegate
Kalanianaole fled the suit to cancel
he Queens trust deed. He made the
Queen the petitioner, acting as her next
friend and also entered into the action
as a petitioner in his own name. The
Queen, under her own signature, dis
owned the suit and appointed Judge
Antonio Perry as her special counsel.
She alleged that she not only did not
want the trust broken but wanted it
continued.
motion to discontinue the suit and
dismiss it was fled by the Queen, but
passed up by Judge Stuart. The mat.
ter was taken to the supreme court, on a
writ of prohibition and that tribunal
ordered the circuit judge to dismiss the
action insofar as Liliuokalani was con
cerned, thus leaving Kalaniana0le the
only petitioner of record.
The mandate of the supreme court
was oheyeS' on Wednesday of this week
by Judge Stuart. He, however, claim
ed that the case could not very well
90 to trial without the Queen being
made a party TO Il. So, since the slI.
preme court had ordered her name, al
a petitioner, withdrawn, Judge stuart
Of his own motion ordered that she be
made respondent. He allowed Kala.
nianaole to amend his petition so that
it is now alleged that the Queen is not
Of sound mind. 1t is also claimed that
She is not competent to carry on her
own affairs. A motion for the appoint
mcnt of a guardian al Item was allow,
cd and Lorrin Andrews was appointed
such yesterday.