The Hawaiian gazette., 1871-03-22
Supreme Court of the Hawaiian
Islands.
r.Nr.pv ~rpu 1871 ny p.NCo
ALLEN, c. J., HAnrwrLL AND v1DrNAss, IL.

ALLEN, c. J., HARTwELL AND wIDENASN, IL.
Koolazpoko, deceased
This matter came up on petition fled by
MahOe, the duly appointed Administrator of said
Estate, before Justice Widemann, praying that
day and an hour may be appointed for the pre-
sentation of his accounts, and that be be dis
charged from the responsibilities of the admins
tration aforesaid Order was thereupon issued
on the 18th Of April. 1870, fixing the 18th day
Of May, for the hearing of this petition, in
the Court House at Honolulu, and giving notice
to all interested in said Estate to appear and
show cause, if any they have, why the said
accounts should not be passed, and the said
Administrator be discharged from all further re-
sponsbilty in this matter. Notice Of this to be
given in the KE AU OkoA Newspaper for three
weeks previous to said hearing.
Nahua, (w.) appeared as contestant.
The evidence of the witness Kulaipahu, (w.)
on behalf of the contestant, Nahua, Is that
Kauhina g. and Napeha (w.,) were the grand
parents of Moku, deceased, and Nahuna, (w-)
contestant; that they had two daughters, Kapo,
the mother of Nahua, and Nawaapukana, the
mother of Moku, deceased; that witness kHel0
Kauhina and Napeha, and that she knew when
! these two daughters-Kapo aud Nawaapukana,-
were born that Kauhina and Napeha had no
other children, that witness knew them well ;
that she lived rih them at Eva. The evidence
of the witness Keahahi, (w.,) also for contestant
Nahua, shows exactly the same relationship, and
further that Kauhna and Napeha had a son
after Nawaapukana, the second daughter. The
witness Kekuahi (wr) only states that Moku,
deceased, was in the habit of calling Nahua
Kaikuwahine"
The witness Haupu, (k.) for the Administra-
tor, states that witness has lived all his life
at Eva and knew Mahoe living with his
mother Kawaakauhola at Eva from childhood.
Oilikaheakulani * and Kuahine w. had three
daughters 4: Kawaakauhola, the mother of Mahoe
Puukaua and 0punui.
The evidence of Kuoi, for the Administrator,
is that 0ilikaheakulani and Kuahine (whom
witness did not personally know had three
daughters, Kawaakauhoa, Puukaua and 0punui,
and one son. Keaona. All these four lived in
Koolau, and 0punui afterwards went to live at
Mokuleia. That KaWaakauhola was the mother
Of MahOe; Puukaua, the mother of Moku, de-
ceased, and 0punui the mother of Uka.
1t appears further from the evidence given by
the same witness, Kuoi at the hearing Of the
petition for the granting of letters of administra-
tion upon the Estate of Moku, deceased, to Ma
hoe, the petitioner, that Uka, the son of 0punui,
and cousin Of Mahoe, was present in cour.
The Court, after weighing the evidence, ordered
tnat Mahoe was entitled to the remainder of the
property.
From this decision, Nahua appealed to the
Supreme Court 10 Banco.
No further evidence was produced, and the
case was submitted without argument.
r. G. Davis for the Appellant
5. B. Dole for the Administrator.
OPINION OF THE COURT, By HARTwELL, J.
Appeal from the decision of Mr.. Justice WIDE
mann in refusing to order Mahoe. Administrator
Of the estate Of Moku, deceased, on hearing for
allowance Of his administration accounts and dis
charge as Administrator, to pay over the property
remaining IN his hands to the appellant, Nahua
claiming to be entitled thereto as heir.
No order was made upon the accounts and
discharge of the Administrator, and the petition
and of course the order Of notice thereof do not
call for decree Of fnal distribution. The Ap-
pellate Court therefore have only to decide upon
the validity Of Nahuas claim. OF this there
was conflicting evidence but we think there was
sufficient evidence to sustain the finding Of the
Court in rejecting this claim.
1t may be Observed that Mahoe did not file
bis inventory until more than a year after the
time required by the orders Of Court, and that
there is DO evidence that he published the stat
ate notice to creditors for four successive weeks
Counsel should see that their clients are well adj
vised on such points
1t is accordingly ordered, adjudged, and con
sidered by the Court that this appeal be and the
came hereby is dismissed, and that the said
Mahoe do have and recover costs from the said
Nahua.