The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1875-01-27
Honolulu, Jan. 18th, 1875.
Ka1alcaii Collins and Charles w. Collins rs.
Akoi. Chinese.

hWtuOHt OOttHtS ana OhtuteS w. COatnS Is.
Akoi, (Chinese).
Before HARRIS and JUDD, J.J. Jury being
waived
This is an action Of ejectment in which the
plaintiffs claim that Kahawaii Collins, who is the
wife of Charles W. Collins, is the daughter Of
one Paniani who deceased in 1853, ond entitled
to portion of the parcel of land described in
their complaint, which belonged to the estate Of
the said Paniani at the time Of his death. The
defendant admits himself to be in possession of
the land in question and Claims that he has de-
rived his title from Kamauoha, son Of the de-
ceased Paniaui
1t appears from the proofs and admissions that
Paniani had several children at the time Of his
decease; that the plaintiff had grown up and
gone away from him, and that the Others three
in ally, two girls and boy, (Kamauoha), were
very young children at the time Of his decease,
the offspring of late marriage. Paniani died
of smallpox in December 1853. 1t appears that
all his children have since deceased, leaving no
issue except the plaintiff, Kahawaii Collins, and
Knmnuoha, and it is admitted that the defend
ant has all the rights Of Kamauoha in the premi-
ses
A paper is put in evidence which reads as fol-
lows:
"Kemakepapa Ia 10, 1853.
"0wau no ka mea ka Inoa-Paniani Ike hoOili
aku nei au ka alma me ka hale me ka lilo no
KamauOha ma kaikuahine maalo Haumea ka
mea malama ia lakou hooponOpono ko lakou
waiwai me ia no pau kona ola.
"Nau no PaniaDi hooili aku mau loa aku Y.
like maka Puamana. Kanui Kahue, Luika"
And which we translate as follows:
"December 18th, 1853.
al whose name is Paniani bequeath the land,
the house and the horse to KamauOha The sis
tiers shall be under him. Haumea shall be guar
dian of their persons and property, during her
life."
The word their" QakOu) being applicable to
all his children.
This paper, which is written apparently with
infinite pains by an exceedingly ignorant person,
Ras admitted to probate by the late Judge An
irews as the last will and testament of Paniani,
IN the 9TH of November, 1854, and it is admitted
hat Paniani had no landed property except that
described in the complaint.
The only thing left for US to do is to give q
to the, will which does not seem diff
icult to be done.
We are not convinced that the intention of
he testator was to bequeath to Kahawai any
hing, since, in the same sentence he says that
daumea was to be the guardian of their persons
nd property, and the word used for guardian is
maama) to take care of them, and it does not
ppear that Kahawaii, who had grown up and |
one away from him, needed any such GUARDIAN
hip or care. But for the decision of this case
is not necessary to rule definitely on that point
The will bequeaths the title in the estate to
he testator's son (KamauOha) and directs that
is sister should live there under him. Conse-
uently the deceased sisters had no estate which
oud descend to any one. Their right Of resi-
eDce vas simply an incumbrance during their
fe. Therefore, if the present plaintiff has any
ght it is only a right to live there, and conse-
uently judgment in the present action must be
wen for the defendant
S. B. Dole for plaintiffs L. McCully for the
efendant.
Honolulu, Jan. l4th, 1874.