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\S:5?is;refyn-uide«,onfr a rf d.ngHEilu.dayaidr.SUPREME COURT—In ChanceryDECISION OF CHIEF JUSTICE ALLEN.Susan Reynolds «-5 Jno. I'. Barnard. K. 0 It and J. VV. Marsh.—Bill in equity.The bill alleges that St phcri R yn , ,| band of the complainant was declared a i’lI;at ! the 15th of August, 1855 :And that Messrs. Bates and Pitman v,, . pointed a Committee to take charg.-of ins ......and estate on the 16th of August, 1855: 1 And that the complainant was induced r r-her right of dower on the entire real e' , .. said Reynolds, upon receiving $80t)U in casn fee simple of the White Swan premise*That on the 13th March, 1856, said coma. • obtained an order of this court to convey , ises to said Susan Reynolds in fee sinmle.' ■ whomsoever she should name.Tlmt on the blank day of March, 18541. ter addressed to Judge Lee was presented to for signature to which she objected because u',', mined the names of the four children, and i r , to Judge Lee to convey the premises to h,.: her children, that she utterly refused andnenr' sign it:That on the 21st March, 1656, complainant, presented by J. W. Marsh with a release ofcontingent right of dower to the estate of 1; r , band the consideration for which was that a n | veyariee had been or was to be made of the W| Swan to her and her four children, to be ex cu bv said Committee to Trustees for their use.That petitioner objected to sign it while names of the children remained in it, that ! Marsh said it was a mere matter of form nn.l c said committee would execute to her a lee siu title in her own right as soon as she signed a release but not before, and that relying up.n statements of said Marsh she did sign the rr ] T hat when Mr. Cooper came to get her knowledgment she asked him if the cluMrq names being in the deed would affect berime) and he said he thought not, and that upon tjj statements she then acknowledged her signafi That about the san.c time a Deed was «a ted by said committee to the defendants in :n for said complainant and the children, sul-j cl declaration of trust to be by said trustees antis complainant duly signed.That complainant was never consul ted about) deed and that it does not convey to complain the fee simple propeity in accordance with agreement bet weeacomplainant andsaid comm;!That said declaration of trust was preset! complainant for signature and she utterly to execute it. Complainant concludes tuti prayer that said trustees be ordered by the o to execute to said Susan Reynolds, a tee siu title to the “ While Swan” in accordance with order of the court now on file, as being payo in full for her release of her contingent ri*h dower, and that all the rents and profits t: property from and after the 15ih of August, 1 • until the hearing ot this cause, be accounted and for further and other relief, c.Respondents Hall and Barnard deny all knledge of the proceeding set forth in the B cept that tiiey were requested to allow their us to be inserted in the deed of trust.Respondent Marsh admits that Stephen Rey» was declared jx lunatic on or about the 15th A 1855, and that Pitman and Bites wereappoi a committe to take charge of his estate and pci That he was employed as the attorney of 3 Reynolds (associated with Mr. Harris) For the | pose of negotiating the terms on which she wo release her right of dower.That complainant instructed us to insist oi; large price for her dower on account of her c dren and to have the same secured to her ami children. That the bargain- was made and jdeed executed in pursuance of said bargain, that the deed is in exact conformity with the di tion and assent of complainant.That the letter referred to as being directed the Chmf Justice was signed voluntarily by ci plaitiant, and said letter did express, at that ti the full and unequivocal wishes of complainant | expressed by her to respondent; and that it» lutely untrue that she objected to signing said ie on the ground that it directed the conveyanc be made to herself and children jointly, or that objected to signing it on any grounds whatever That eaid letter was written by order ot) complainant agreeably with her wishes. - * That complainant signed said letter in prese: of respondent having fully comprehended its tents and approved thereof.That respondent has prepared a declaratk t:ust for complainant to sign which complain refused to sign.Traverses the allegation that the Trustees b attempted to force any stipulations or coves* upon complainant.Prays the order of the court in regard t partition of the receipts rents and profits ar from said property, which he should set apart and pay over to Baid Susan Reynolds.Denies that complainant directed respondent obtain for her a fee simple title to the “AVhSwan” premises, but on the contrary that she repeatedly instruct defendant to have the pap* drawn, that said property should on her death to the children.Denies ever having told complainant that children’s names being in the letter, release deed, was a mere* matter of form and would affect her having a fee simple title.It was regarded as very important for the of Mr. Reynolds’ estate that the widow’s right dower should be extinguished, and in purs0® •hereof the committee referred to in the billi;
Newspaper Details
The Polynesian
Honolulu, Hawaii, US
Sat, Mar 13, 1858
Page 2
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CA, USA 19 Feb 2022
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