The Hawaiian gazette., 1873-08-13

ton OF any concedlinebe AiOuA 1nS NO"i =, VI
any collision, but says that the distribution
was made by the Court in proof that ha-
\ maka=was= the lawful wife of Achu, and
that Kalaukapu was his adopted daugh-
ter. and denies that he concealed from
the compliments any facts of the case !;
denies that he has paid any claims which
ought not to have been allowed, and
that whether the distribution was made
without notice or not, says he looked to the
Court to make the proper orders; AYERS
that he was disinterested and obeyed
the orders of the Court in the whole
matter, and finally denies all combination.
The answer of Kamaka neither admits
nor denies the relationship of complain
ants to Achu, but admits that she heard
! from Achu. at the time OF his departure
| for China in the year 1865, that he had a
mother in China. and has been informed
and believes that she survived him that
she was not advised that Achu left with
the intention of remaining in China, and
does not believe it, but was in precarious
health when he departed. Kamaka adj
mits the probate of the will, and makes
profert of it; that she received the $500
under said will; AYERS that she was the
lawfully married wife of Achu, married
to him under the laws of this Kingdom in
1850; that Kalaukapu was the lawfully
adopted daughter of the said Achu and
defendant, and makes profert of the agree
ment of adoption; that she received
$1,000 in addition to the $500 under the
will, being her proportion by reason of
her said marriage as heir at law; and
further that she RENTED to China, for
the mother of Achu, the sum of $500 out
of the said ST 900, out of regard for her
husband and as a token of respect for his
mother, not knowing that she had re-
ceived about $4,000 previously out of
/ said estate, and AYERS that the respondent
and Kalaukapu were entitled to the dis
tribution; answers that she was ignorant
of the legality Of the proceedings of the
Probate Court, but believes them correct,
and denies collision for self Gpnd ward /;
pleads ignorance of the other allegations
in the bill, and leaves the compliments to
make their proofs.
The amended answer of said Kamaka
states that the real estate mentioned in
said will of said Achu, is her own prop
erty in her own right, and not her hus-
bands; that at the time of the adoption of
Kalaukapu it was the intention of the said
Achu and herself to adopt her as the heir
of both, and that Mr.. Justice Robertson
informed them that the articles of adop-
ton were sufficient, and that said Kalau-
kapu was always treated as their own
child.
The letters of Young Sheong and Along
show very clearly that they regarded
Wei See as the mother of Achu. This is
further shown by the acts of Young
Sheong in renting money to Mon Tue,
in China, for her benefit, to the amount
of $4,000, and subsequently in renting
! 81 900 for the benefit of his wife and
mother
1t is unnecessary to give detail of the
evidence in addition, but the Court is
satisfied that Wei See was the mother of
Achu, and that Ching See was his wife,
according to the laws of China.
The agreed testimony of Along Gn the
proceedings of May Sd, p. ~ is, that
during his recent residence in China, he
visited the plaintiffs in this case, and that
the elder woman, Wei See, was reported
among the neighbors and family to be
Achu's mother, and that they all called
Ching See his (Achu's) wife; and that he
visited them as friend of Achu, having
known him in Honolulu, and that of his
own personal knowledge he knew nothing
further.
The letter of instructions to Chung
Fong (Afong,) and Young Sheong, dated
lst February, 1865, but few days after
the specific will and Immediately on the
eve of Achu's departure for China, shows
clearly that his intention was that all his
estate not bequeathed by will was to go
to his relations in China. After giving
directions about collecting his debts and
property, he says in that letter: "If l
(Hee Chiu,) get home to China, 1 will be
happy and thankful to God, and if l perish
on my way, then collect my share of the
money in the store of Chung Hoon q
Co., and then $4,000 to be given to my
mother. 1 now myself bring $4,000 home
to be given 10 my wife and adopted son,
Mon Tue. And for my native wife. Ka
maka, her share is $500. The balance to
begiven to my older brother, Hing Chong.
The interest of my opium business, if it
stands, to be given yearly to Cheon Tails
mother, my sister. l, Hee Chin, give this
as favor. If the opium shop retires
from business, the capital amount to be
given to Poon-KaiC Chez, the house of my
first generation, for expenses. l this day