The Hawaiian gazette., 1916-02-01

Il
difficulty TO secure sufficient milk for
the uoGrishment of her baby ooyZ-sb.
owner and tho child the heir 10 mil.
lions. In vain race against The rani1
raNages Of her illness, seeking TO reach
and see her native Hawaii once again
before she died. Mrs. Smart passed
away in San Francisco. ~ = = ;
barely had her ashes been eonBnea
TO their last resting place in the land
Of her birth when there began 4 strno.
gle for. the custody and control Of little
fehard, and for the, possession OF his
property. = =
Mrs. Knight Makes Fight y
Mrs Knight, the baby's grandmother
and mother of his dead. mother. had
Richard in her possession, and az Kai.
luas Hawaii, filed a petition praying
that she be appointed guardian of the
minor, Pending hearing Of this peti.
tion Circuit Judge MAtthewman appoint.
ed David l.. Wilmington of Honolulu rs
guardian al Item Of little Richard
Wilmington was succeeded by Judge An.
tonic Perry. whom Clarence III. Olson
sought to displace as legal representa-.
tive of the minor, f. ~ ...-'.-'I
One sort Of petition and another fol,
lowed fast and thick, fled both in tKoi!
Iua and Honolulu, so that the case as
snmed huge proportions and most Of
the bigger lawyers Of Honolulu became
aligned on one side OF other. Two wills
were fled and both were contested.
Henry, Gaillard Smart, now dead, the
father Of the minor, fought strenuously
for the control Of the child and, his
E property. Serious charges were made
by the grandmother of Richard against
his father and Smart returned to the
Z fray with charges against his step faith /,
+ erfin-law! The ease was fought out
Z here and in Kailuas on motions. iemur!
rers and other. proceedings known TO
the law, but il was never really heard
ON its own merits. ~ 30 ~. I All
! Compromise Ended All .r.tjEs 49,.
al The pabEe BORED for and watched
the exposing Of several family skeletons
with the approaching trial OF the case,
The Advertiser gave The first news OF
compromise effected between the war.
. ring sides and the terms on which the
fight was called of. The compromise
was finally agreed to and the litigation
came to an end. Mrs. Knight was civ.
en- the control Of her grandson, subject
\ TO certain restrictions, and Smart secur-
ed against any, further assault. his life
interest in the big estate. lie return
ed 70 Virginia and died there only
short time ago. At his death, Mrs.
Knight was appointed guardian Of the
person of little three-year. old Richard.
her grandson Richard II. Tfett il the
guardian Of the property Of the MINOR.
The estate now pays the bill, which
reaches over, 100000 in lawyers fees
alone. ..~5a \. ',st..,. 81. '.,tE L.h
This matter was first presented TO-
me blythe present guardian, Mr.. Rich.
ard IL. Trent, and afterwards the pa
pers committed tojme yesterday after
noon, said Judge, Whitney yesterday,
aprellminarily to ordering the payment
Of the fees. " ! have gone over them
quite carefully, yesterday afternoon
and last night, andlI can see no reason,
either in law or under any equitable
consideration why these claims shonld
not be paid out Of the income of the
"As stated by Mr.. Warren, and also
by Mr.. Trent. the compromise agree
ment, which was approved by the
Court, ended litigation which threat
ened to- be long aud very expensive
to the estate OF the minor for many
reasons, not least among which was the
fact that many witnesses, would have
to be brought great distances. sN
An IImposaibility ". y ~
lit is Impossible in any agreement
drawn by a human being to cover all
possible contingencies. The agreement
in this ease apparently did not cover
the contingency which has now arisen,
namely, the death of the young man,
the father Of the infant, in the prime
OF hisE life. Had this contingency not
arisen, the estate Of the infant would
have paid, and the payments would
have been approved, all of the claims,
except the balance Of the fee of Messrs.
Thompson; Miiverton q Cathcart, such
balance being the sum OF $50, 900. 30. II
Under the terms Of the will, which
was sought to be prohated, the entire
income Of the estate went to- the now
deceased father Of this infant. Under
the terms of the agreement, the entire
inrome now, vests, or half of the entire
income now vests in the estate of the
infant, aud there is no estate or in
come or fund out Of which the expenses
and the fee Of Messrs. Thompson, Mil
verton &5Cathsart can be paid.
Prayer Granted BY Court
The prayer Of the petition is, there
fore, granted, and the Court will au!
thorze and direct the guardian to pay
to the following persons the amounts
Antonio Perry, fee as guardian ad
itAFn