The Pacific commercial advertiser. [volume], October 26, 1900, Page 6, Image 6

About The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921

Image provided by: University of Hawaii at Manoa; Honolulu, HI

                
thw PACIFIC OOinOBOIAIi ABTBBflSBB: BWWH, OQTOBEB 2. I9W.
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