The Hawaiian gazette., 1869-07-21
Supreme Courr.

In the matter Of the Estate Of Nakuopu, de
ceased. widow Of PuhslAhuS, deceased
This was : case that came mp OF appeal
from tie decision Of the Hon. Elisha d Al
len, sitting IS Court Of Probate
KeAhi filed petition in the Probate Court,
praying for letters OF administration on the
estate Of Nskuopu, who be alleges, died IL
testate- The property Is large, consisting
mostly Of valuable real estate, lying in Hon
olulu, and the several Islands Nzkuopu died
without Issue, and LEFT only 5 few remote col
lateral heirs. There were several claimants,
who were 81 represented BY counsel. in the
Probzte Court Among these was kszDsu-
"a. who claimed 70 be The adopted daughter
Of Nzkuop1. and Puhslshnz, her husband,
according 20 the ancient usage and custom Of
Hawaii. before the enactment Of any written
laws on the subject Of adoption
The testimony Of some seven witnesses
WAS taken on part OF the Claimant, and sew
erSl on part Of respondents On the final
bearing Of the case. the Chief justice decided
adversely 70 The claimant. whereupol. she ap-
pesled 70 the Supreme Court, claiming jury.
under the Act Of 1864 After the appeal was
taken. " c. Jones was engaged 10 tSke
charge Of the case, and the Issue was made
-lla4NL AlllEl A---- sA--l u ak
Supreme Courl, IS to whether the claimant
sno appellant, kAzu2upa, was the adopted
daughter Of NSkuoQu, deceased and her hus-
hand. Puhzlzhus- deceased. according 10 the
custom and usSEe OF this kingdom. prior 10
the existence Of any written law on the sub
jecs- The jury was enpznnelled and sworn
70 try thzI issue The testimony was yolum-
ino1s, and was listened 10 with great stfen-
ton BY the jury.
n E.--.,-r- .Ne hss-n,-ss-, z,r.s svro--
and testified 10 the ancient usage ard custom
Of Hawaii. as 70 the adoption OF children
He specified TWO classes, but stated that their
rights Of inheritance were the same. The
parents. il their life time usually made
verhzl viii: but when this was not the cSse,
the property was equally divided among the
children. whether natural or adopted That
extended 70 the personal property and 10 the
tsro patches, or Interest in land, subject to
the fe1dAl chief
EewzhewS, 8 very old witness, was sworn
BE gave Al intelligent detail Of the ancient
usage and e1stom relative 70 adoption, and
fully concuued in the statement Of the first
witness he also stated that be knew the
parents OF KSzuSrpS, her father vas KGzhu-
mann. and her mother Ailini: that ksa1Eups
Was born in 1877, and that be heard from her
mother. Aiiini. in 1883. that she had been
given 70 PnhzlzhuA and Nskuopu, and adopt
ed BY them; that be WIS absent on Hawaii,
some rezns, but thSf on his rerurn in ISIS. be
found kSz1aupa living with her adopted pa
rents. and hat she lived with them up TO the
tine Of The dex-h Of Pnhslzhuz- and then
with Nskuop1, til her 6ezth; that be had
Frequently understood from P1hzlsh12 and
his vile, thSf she Was adopted
Hunez Was 3 witness. who testified a TO
the birth and psrentAge Of kaz1zups. that
she hsd been raised BY P1h2izhu2 and N4ku-
opu. his wife. and lived with them I'll they
died. that lie bad heArd the parents Of kaA1-
szpa declare that they had given her 10 Pa
hzlzhuz and Nzkuopa for adoption
Kek1kEhiko MAS sworn, and testified As 70
the birth and p4reutsge Of kaa1zupA Her
fAtber was KSzhauEnu, and her mother was
Alma: Eaz1Aupa was born in 1877: during
the sz16Al-Wood expedition in 1SS4 or lSSS,
w6s present when kEzhEmsnu and Aili1A, the
pAreots Of Kaz1auPA, gave her 70 PEhol2h12
and NAklop1, and witness informed the King
Of the fact: that k2zuauna lived with her
adopted parents until their death; hsd fire.
quenily heard her recognized By them IS their
ADOPTED child
Kxpu1 testified that be knew the birth
and percentage Of Kasnsupa, and was present
WHEN she was given By Der parents 70 fuha-
iahuA and Sakuoru. that he WAS = hired
man and lived in tbs ho1se for many years.
thai Ksazaupa lived with them IS their child,