The Hawaiian gazette., 1918-01-22
Attorneys Fatten
Upon Estate
Asserts Ashford
Judge Takes Occasion To Tell Of
4 Fees Secured When He Pro-
I vides Maintenance For Heir TO
4 Parker Ranch i5

In rendering a decision granting a
yearly allowance Of $l2,55O for the
maintenance Of little four yea. old
Richard Smart, son Of the late .Theima
Parker Smart, and heir 10 all the vast
Parker ranch and to other estates on
Hawaii, Circuit Judge Ashford yester
day took occasion to flay lawyers who,
he said, had "raided'i the Parker Es-
tate during litigation sometime, (. ago
and were given fees amounting to $780,
900. tss- w..
Saddled with the payment of these
vast fees from his income, the little fell
low, 3 maintenance was set at $4,000,
despite the desire of his grandmother,
Mrs. Elizabeth knight to bring the boy
up on the mainland and give him the
education which his wealth, as il seem.
ed to her, should be had.
"The author of an Incompatible
poem speaks of the short and simple
annals Of the poor -, said Judge Ash
ford in his opening paragraph. al
would heartily wish that the annals
Of this poor little rich boy were equal
~ short and simple"
Auto Purchase Included
In his decision the Judge decided that
the maintenance should be $l2,55O,
which is $3.50 more than Mrs. Knight
asked for, and about 1880 more than
the special master, Attorney Carl 8.
Carlsmith, recommended. This is to
include the purchase OF an automobile
at $2500. There win be. for the com
ing twelve months $l0,050 for the use
Of the boy and those in charge Of him.
When the father and mother Of the
boy died a few years ago, the courts
placed Richard Smart in the control
Of his grandmother, former Judge W. L.
Whitney issuing an order establishing
$4,000 year as the annual expense for
bis bringing up. Mrs. Knight last
wear asked that this be increased and
in order to arrive at a basis for this
request Attorney carlsmith, appointed
as special master, went to San Fran
cisco and examined infinitely into the
reasons, and recommended $1,000 in
stead of the former $4,000. II was de,
clared that the boy was being brought
up in an atmosphere of the best home
influences and, naturally, owing to the
wealth of the Parker Estate, his grand.
mother had rented suite of apart
ments, which the attorney considered
was justified under all circumstances
The judge decided also that Of the
annual amount allowed, $3.50 month
should be given to Mrs. Knight as con,
tributory to the tpkeep Of the home
aud 1900 a,syear for a govsrnsss, this
| notion 10 cease when the boy reaches
the 'age OF six years. ThereIis widowed
$3.50 q month for auto upkeep; includ,
ing chauffeur, or 1890 q year. 4. r
Allowance For Charities
Following a custom of years the Judge
allows $500 a year for charities and
donations, to be used largely in gifts
to employees of the Parker Ranch, in.
GLIDING pensioners too old for active
service in roping the steers which have
made the ranch the most famous in
the entire Pacific region.
The judge calls attention to the fact
that the Smart baby has an income OF
SOC, 900 a year and says also that the
annual income of the grandmother is
about $4,000.
The judge is strong in the belief
that the child should be raised in Ha
wall, although Mrs. Knight mas assert
ed many times that ,the boys health
is better in San Francisco than any
| where else, and this is said to be be
cause of the frail health of the boy Is
parents. Commenting on this phase
Judge Ashford says:
IL could heartily wish that the de
| vOtion referred to might be manifest
ed by a greater degree of unselfish
ness with respect to the place and eli
matte conditions of the child 3 resi-
dence. It must not be supposed that
she (Mrs. knight is the only person
alive to whom the welfare and rearing
of the child can be safely or advan
| tageously entrusted" The Judge be
lieves that ten rooms for apartments
| are a lot for q woman and a bow. He
also believes that $500 is altogether toe
much for clothes for fOur-vear old
boy, figuring this down to $l.36 a day
Dwells Upon RAIDS
Switching then to the "raids" on
| the estate, he says these were about as
beneficial to the interests of Richard
Smart as "is the Hun invasion Of Bel,
GUM to the liberty, art and architec
ture of that unfortunate country"
The "raids" he refers to included
the litigation following Mrs. Knight s
contest Of the will of her daughter, the
late Mrs. Thelma Parker Smart.
"With his death (of the father Of
Richard Smartl -, adds Judge Ashford
"the comparatively small income pro
vided for this baby boy through the
medium of the fathers trust deed TO
the Trent Trust Co.. and which by tho
compromise mentioned, and an order
Of the court based thereon, had been
saddled with the greater part of these
fees-also went by the board. There
was CONSERVATION in the camp of the