Hawaii Holomua, Volume III, Number 91, 19 April 1894 Edition 02 — Explanations Wanted. [ARTICLE]

Explanations Wanted.

We note w ith surprise and re- ; gret. that His Honor tbe Chief Justice bas been named as gua»--dian ad Iitem of the minor children of C. A. Brown and Mrs. Browa, to represent and protect tho interests of said minors, in a siiit now pcnding in tho Circuit Court, where Mrs. Brown sues her hnsband for alleged mismanagement of ber estate, and for the ]>nrpose of obtaining a constrnction of the WILL of her father, tho late John li. It is generdlly nnderstoOil that said will was druwa by Mr. Judd, thougli tbis mny not be the case. Quite apart from wliat seems to us the extrcme undesirability of our Suprerae Court Justices running a side sbow avocation as professional Guardians. Administrators, Executors and Trustees of ostates that nre likoly to, at any day become the snbjects of litigation in their own court and thereby disqualifving themselves for the dischargo of their duties as imposed by the constitution, and aspaid forby Ihepeople, there is another pliase of tho case in hand whieh seems to demand an cxplauation. It is a dcmnud for h statcment as to whefe Mr. Judd’s persoual &ud family interests lie, in relation to the interests of tho minors, whom he is thuB appointed to represent. It is notorious in this eommunity that Mr. li left a lurge tstate by will to his duughter, the presont Mrs. Brown, who is party plaintiff iu the suit now in Court. It bad always been supposod, until veiy recently. (if we are correctly iuformed) that tbe will in question conferred upou tlie daughter an absolnte estate, iu foe simple, to tho property of the father, or substantially the whole of it. Upon the faith of this 8upposition. hor property was mortgaged for a largeamount by horself aud her husbaud, the title beiug "passed” aud aocepted iik absolnte, (so it is said) bv one of cur loading attorneys, who was employed for that purpose by the firm making the advance upon the mortgage. But moro roceutly (ns stated) a closor inspection of tbe will has rovealed that the danghter, Mrs. Brown, takes only a life estate in bor father’s property, with remainder over to her children, should sho have any surviving. She is now blessod with two childron. bnt is liahle, like others of Ler sox. to "all the ills that flesh is heir to,” henee the uneasiness that (it is said) haa lately lieeome mauifest on llio part of the }\artios boldiug the moitgagelf sbe should unhappily decease before the mortgage isrodeemod, her estate in tbe land would at oneo devolve upon hor chi!drou as takers uudor her f«thor s will. and the mortgages would h»ve no rccoun>e agaiust tho property. ( lu the light of this explanation tboir anxiety eaay of comprobensioD. There is a further fact, or rumor, w hieh seems to boar npou the propriety or impropriety of Mr Judd s appoinlmenl as guardian iul liiem of the minors. It is this. During the rainority of Mr. Brown, she was under the guardiansbip, both as to her person and her property of Mr. Judd and Dr. Hyde. In tbe generosity of ber girlish friendsbip for certain of tbe children of Mr. Judd she agreed, i. e. promised, that she would upon reacbmg majority convey as a gift, to those childreu, tbat very desirab)e pieee of land at Pawaa. lyiug makai of King atzeet, betwe«n pvoferty ol Hon J. A Gom*

mins and the Waikiki road, vhere it brancbes off King stieet. N'ow. if Mrs. Brown owns only | a lt(e estate in that pretty pieee i of property. the Jndd children cou!d not ohiain from her a fee ' fiimple title to it. henee the inter* est of the Judd children, and of the father of the Judd children, in having Ihe. will of John li so construed as to give to Mrs. Brovn a fee simple title and as to defeat the remainder (now supposed to exist) in the children of Mr. Brown. The Holojtta does not know, at tbis writing, bnt will be happy to learn from Mr. Judd, wbether the proposed conveyance to the Judd chi'.dren has ever been made. In any event, the colnmns of this journal are open to Mr. Judd and others, to explain just . whv of all men in the world - should have been selected as guardian “ad” litem of those two children. who are unahle to select or instruct their own advocates In the triple capacity of Cbief Justice. drawer of the will in question, and father of the, supposed to be interested, Judd children, we suggest that some j objection to this last-assumed relation may, with all respect to tho Bench, and to Mr. Judd perj sonally, be justly urged.

Are the interests of the Brown children, and theJudd children in any degree conflicting? If thoy are, it is manifestly iraproper, that the protection of the interests of the Brown childien sbould be iutrusted to, or accepted by Mr. Jndd, our es- ; teemed, Chief Justice.