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6 yy gurmy 77 V Refrigerators I AND ICS BTXLS OVER 1 .600.000 IN USE. 31 Jewel Ranges AND STOVFS JUST RECEIVED. DIRECT FROM THE FACTORIES. The Koods are so vrttt and favorably known In thin market that oommen N unnecessary. We can wave fuel and W for you, and five satisfaction In every way. IJJIiP.. KING STREET. SOLE AGENTS For the Hawaiian Territory. ? Mexican 3 Carved 1 M Ms i m i A In linp of num 5 H including: 5 BELTS, 5 ? PURSES, etc 5 Mil- jint heen opened up 2 ly the a. H!l IIS SI J LTD. , 5 ii Merchant Street. " If ff ff T ST fT IT f - jT T Jf AMERICAN FINEST Cut Glass We have reduced our Cut Glassware per cent In order to make room for Otnew stock now on the way. OUVE DISHE8, BOWLS. WATER PVfTLEB; SUGAR AND 'REAM. BUTTER DISHES, ICE '.'REAM DISHES, etc. M, H COUNTER I Remember we are In the LOVE RLMK. FRE H FRUI KecUvtjry the 8. 8. Queen. FRdZEN OYSTERS. WINCtUNCCO. ' J "Kfhg Street, corner of Alakea. I X THE SUPREME COFRT OF THE TERRITOHY OF HAWAII. Special Term, July, 1900. I E CABTWHIGHT, EDITH W. MORTON and MAI D AULA Plaintiffs v. CHAKLOTTE K. IAU K KA and CURTIS I. fAl'KKA. Defendants. Appeal rami CiRcun Judge, First Cibcutp. SuBMlTTKD Jn.v 1 1, tttOO. Decided Octobeb 17, 1900. Freak ('..I.. Ialbuaith. J., .vnd Cntorrf Judge Stam.kv, in PLACE OF PESBY, J., ABSENT. Where the evidence dearly shows that a deed, through carelessness or mistake of the draftsman, does not express the intention of the parties thereto, a court of equity will reform the same so as to ex press the intention of the parties at the time of its execution. OPINION OF THE COURT BY GALBRAITH., J. Appeal from decree t" the Circuit Judge of the Fir.-t Circuit ordering reformation of a deed. The facts are that n January 29th, 17'., I'wini and .lames AnM. Emaband and wife, conveyed by deed to Alexander J. Cartwright, as trustee, certain real and personal property in said deed described , upon trust to pay the income therefrom to the grantor I'wini Auld during her natural lifeline! upon her decease to pay the same for the support, maintenance and education of ln-r three children, Edith, Maud and Mary Auld and her niece, Charlotte K. ankea, nee Hanks, one of the defendants for and during their natural lives, and after the death of the last survivor the corpus and accumulated income of said property to be con veyed and delive red ro the heirs at law of the survivor; and upon certain other trusts in said deed named. That at the time of the execution of said deed the defendant Charlotte K. laukea was the owner in her own right of an undivided interest in certain of tlie real estate purported to be conveyed to the said trustee by the hed aforesaid, to wit, (a) the house and lot at the. corner of X tiuanu and Hotel streets, Honolulu. R. P". Xo. 111(5: (b) two parcels of land situated at Kanluwela, Nuuanu Valley, he ing Apanas 1 and i of R. P. '-' and (c) a piece of land at Hooulu, Waikiki, R. P. Xo. 2018) and also claimed an undivided interest in another piece of property described in .said trust deed situated at Kamanuwai, Honolulu: that the trustee denied and disputed this last en$m; that Alexander .1. Cartwright accepted the tmst and entered upon the discharge of his duties there under, That shortly after the death of I'wini Auld the defendants and the trustee entered into negotiations, apparently, looking to the severing of defendants' interest in the three pieces of prop erty above enumerated and on November 2:?d, 1878, the defend ants executed the following agreement in writing, to wit: "Honolulu, Xovemher 28, lTs. In consideration of the sum f one dollar to. us in hand paid, and in consideration of the sum of seventeen hundred dollars to he hereafter paid, and in con sideration of the execution of a deed to us of the half interest of the children of .lames anil Cwini Auld in the land situated at Hooulu, Waikiki. Oahu, we do hereby agree to sell and convey to Alex. J. Cartwright, trustee of the minor children of James and I'wini Anld, all our right, title ami interest of, in and to the real property at present need and occupied and in the possession, of A. J. Cartwright, tru-tee as aforesaid, and to execute and de liver a good and valid deed for the same whenever requested so tO do. Subject however to the approval of the court, if deemed neces--ary to obtain the same. Saving and reserving any interest which we may have in land at Kamanuwai, whic h is contended Upon part of A. .1. Cartwright that parties hereto (C. P. laukea and Charlotte laukea his wife) have no interest in. Chaklottk K. laukea, Wifw Cusrra P. Laukea. ( feciL Bbowi." That, in nursuance'of -Mid agreement, on the Gth day of De ember, 1878, the said trustee executed and delivered to the de fendant ( "liarlotfe K. laukc: a n lease of all his right, title and in terest ;i- such trustee in the tract of land situated at Hooulu; that the consideration recited in -aid deed was "of a deed executed by the part? of the second part and C. 1. laukea, her husband, to him as duch trustee as aforesaid and for other good and valuable onsiderationa him moving;' that on the same day the defendants i secuted an instrument in writing whereby they conveyed to tin aid trustee "in consideration of the sum of seventeen hun dred dollars to them in hand paid by the said party of the second part .i- such trustee as aforesaid'1 -and for other good and valuable considerations them 'moving." released and qtt claimed "unto the said party of the second part and to his 1000 nori in -aid tni-t forever" the land at the corner of Xuuanu and Hotel street! and the two apanas at Kanluwela, "and also all the right, title, interest, property possession claim ami demand whatsoever as well in law as in equity of the said parties of the Bnt part of, in or to the ahove described premises of every jwrt and parcel there.. f and the appurtenances." That the habendum clauae of said instrument is as follows: "To have and to hold all and singular the ahove described premises together with the ap purtenance, unto the said party of the second part, trustee, and km successor! a- aforesaid, upon the same trusts, tonus and con ditions and with the same owcrs and authority as are contained in the deed of trust hereinbefore referred to." I hat the $1700.00, a part of the consideration recited in -aid instrument, lat named, was paid to the defendants; that tin defendant- did not receive from the trustee any -hare of the in come from the property described in the trust deed from I'wini Auld ami her husband, nor participate as beneficiaries thereun der, nor claim any interest therein until some eighteep or nine teen y.ars after the execution of the deed of release and quit claia aforesaid and a few months ; rior to the commencement of this proceeding. Tho bill allege that through mistake or inadvertance on the part of the trustee or of tin- attorney who drafted the deed of December 6th, 1878, from the defendants to the trustee, the projerty described in said deed was left, subject to all of the trusts m expressed in the deed from Uwini Auld and her hus band to Alexander J. Cartwright, trustee, thus continuing the defendant, Mrs. laukea, the same beneficial interest in the prop erty which she had in said instrument expressly released and quitclaimed, whereas it was the intention of all parties concerned, i.t the time, that Mrs. Taukea should no longer have any bene ficial interest in said property, and prays for a reformation of the said deed accordingly. The defendants deny this and allege that the deed of December 6th, 1878, correctly expresses the inten tion of the parties and that the defendants only intended by said instrument to release and quitclaim Mrs. laukea's undivided in teresf in the property still holding and retaining her interest as one of the beneficiaries under the trust deed. Tle only issue presented is oneYf fact. Did the defendants know of Mrs. laukea's interest under the trust deed at the time of making the agreement, of Xovember 23d, 187S? And did they execute the deed of December 6th, 1878, to A. J. Cart wright as trustee with full knowledge of this interest -i We be lieve under the evidence that each of these questions should be answered in the affirmative, and that at the time of the execution of said deed, the defendants intended to relinquish all claim to the property and that, it was not their intention or expectation, at the time, to reserve the interest of Mrs. laukea as cestui que trust under the trust deed. The finding of the ( 'ircuit Judge was as follows: 'T believe upon all the evidence, however, and find that it was the intention and understanding of the parties at the time that the defendants were releasing all of their interest, whether beneficial or equita ble or Otherwise, in the premises situated at the corner of Xuu anu and Hotel streets, R. P. 1116, L. C. A. 48 to Kahanaumai kai, and in Apanas 1 and 3 of R. P. 3570, L. C. A. 1000 to AVa hinekapu, to A. J. Cartwright upon the trust named in the deed from Cwini Other than those expressed in favor of Mrs. laukea. Tn my opinion the deed in question should be reformed so as to correctly express and carry out this intention and understand ing.' The evidence (dearly sustains this finding, and we therefore affirm the decree apj)ealed from. Kinney, Ballon d- McClanahan for plaintiffs. Lylc A. Dickey and IV. A. Whiting for defendants. Keep Cool THESE WARM Days u rty w .IT ONE OF OUR 1. 6 li I So LIMITED. Have in Stock and Offer for Sale P and B ROOFING, BUILDING PAPER PRESERVATIVE! PAINT. BOILER AND 8TACK PAIN INSULATING COMPOUND. BRIDGE AND ROOF PAINT DEFINED SUGARS, Cub and Granulat. PAINT OILS. Lucol and Llmeed. STEAM PiPfe COVERING, Reed's Patent Elaatte Sccmcr Covering. INDURINE. j Water proof Cold Water Paint, u lde and outaide. in whit ana on. KILTER PRESS CLOTH, Linen and Jute CEMENT. UMEIAND BRICKS AGENTS FOB vEbTERN SUGAR REFINING CX. San Francisco. Cal. INVESTMENTS REFERRED STOCK P.17TT TTn DESK FAN Made In all finishes nr. l direct and alternat'ing cSJti better VentUat 5, CaJTntl - 1 mailt;. I all . , ' amine them at tal! i KMC B I II uuuui Phone Main 350. MAG00N Paioio Ley l COMPANY. LTD. SEVEN PER CENT PER ANNUM, payable semi-annually; also, a small amount of the common stock can be obtained THE COMPANY OWNS In fee slm- pie: SIX HUNDRED AND FIFTT ACRES of suburban property. 8ee tlon 1 now selling on the market. SEVEN HUNDRED ACRES of mountain land, with a good water supply. ALSO, a complete rock-crushing plant: the largest in the country. PALOLO LAND AND IMPROVE MENT CO.. LTD. Office: No. 8, Model Block. New Books THAT ARE TALKED ABOUT. The Sledge," by Rlsley. Bob, Son of Battle,' by Olllvant. The Black Terror, a Romance of Rus- sia by Leys. Boy," by Corelll. Men with the Bark On," by Reming ton. 'Found in the Philippines," by Captain Charles King. The Waters of Edera," by Oulda. Red Blood and Blue," by Harrison Robertson. The Touchstone," by Edith Wharton. "Unto the Heights of Simplicity," by Reimers. Our Presidents, and How We Make Them." by McClure. "In Circling Camps." by Altsheler. Japan in Transition," by Ransome. 'The Road to Paris." "The Banker and the Bear," by Web ster. 'Resurrection," by Tolstoi, and many other books of like character, AT THE Golden Rule Bazaar. 316 FORT STREET. PIANO TONE A Piano should be tuned anJ cleaned with regularity. TVheJ unused for awhile, as is theca during the vacation months, Piano accumulates dust A moths. rvuw uw you are oaei; iron the other Islands, drop us postal, or telephone. We wi send out men who are expera in this line. They will put Piano in first-class order Prlci reasonable. We prefer bet notified three days In advas if convenient for you. Bill 111 CHICKERING PIANO DEALERS. FORT ST TEL. 321 BALDWIN LOCOMOTIVB wo a Philadelphia. Pa ft WELL UNIVERSAL MILL CO., Manufacturers of National C Shredder, New York. fARAFFINE PAINT COMPANY. Sen Francisco, CaL "HLANDT CO., Ban Francisco, Cal. A Family Group! We make a buisr.ess of taking pic tures make a feature nt art nhntn. graphs. We study the arrangement of groups and the posing of individuals, and our work Is the sort that insures satisfaction all around. Call and be 'convinced. NOTICE. THE CITY OFFICE OF THE Star Dairy Co., Ltd. In the Magoon Building, Room L cor ner Merchant and Alakea Streets. Telephone Main 89L Dairy Telephone: Blue 317L 66til a. B. DOAK, Manager. Removal. HOP CRAN The Merchant Tailor, Has moved to 507 Hotel street, next door to Asada's. Hawaiian Curios A FINl COLLECTION! -AT The Woman's Exchange, HOTEL STREET. TRIBUNE! is the POPULAR WHEEL Whitman & Co. I J. WILLIAMS ART STUDIO AGENTS. FORT STREET. Fort Street, Upstairs. Book and job work in tn highest art, executed at abort notice, at the OA ZETTfi offle. A Summer Proposition. Weil, now there's th ICE QIESTIOI Tou know vou'll need ie; TO ' It's a neoecmitr in hot westhtT. believe you are anxious to get tWI which will give you satwauofcj we'd like to supply you. oraw u The Oahu Ice and Electric Co Hoffman & Markham, Telephone S161 Blue. Poitoffle BM t t Ladies and Gents Rough Strai Hats... AT i T. Murata'! THE HATTER. 118 Nuuanu St. Tel. Blue Custom House Blank Of All K1e!s FOR SALE at KJlWAIxjcN gazette cI PEERLESS J IS USED BY ALL PAlNTt Office Opposite Club Stable! H. P. WAWWi - a