The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1884-01-26
Opinion OF ChanceHor Judd.

NJ Gibson. 1t a., Commissioner OF Crown
Lands.
Opinion OF Chancellor J,,dd.
~ The bill alleges IL substance that His Maj
rsty Kamehameha " died intestate Nov. 80, 1868,
leaving as his sole heirs at law his widow, Queen
Emma, and his father VI. KekuanaOa. who died in
testate, leaving his son, Ramehameha V, and his
daughter. said Ruth Keelikolani, his heirs, and
that Kamehameha thereafter died intestate,
leaving the plaintiff r. Keelikolani his heir at
law, and that by the statutes of this Kingdom the
plaintiffs entitled. share and share alike TO the
. private estate of Kamehameha ".
(2) That Kamehameha " seized and pos
sessed in his lifetime, in his private capacity in fee
simple of all that parcel of land situated Mer-
chant street, in Honolulu, describing it, being
part of award of the Land Commission No. 10, SOC
20 Kamehameha III. which said premises were de-
yised to Kamehameha " by Will of Kamehameha
III, duly admitted to probate.
t3) That His Majesty Kamehameha ", by
corded deed, conveyed to William Webster, his
confidential Secretary the land above described to
enable Mr.. Webster to raise money upon mortgage
for the use of His Majesty and that the several
mortgages which were thus made have long since
been paid and discharged.
(A That on 25th October, 1866, the then Com
missioners of Crown Lands. procured Robert Mof-
to execute an instrument declaring that said Web
=ter held the premises above described together
with many other parcels If land, trustee Of IA
melameha ", in order t. raise money upon mort
gage of the same which had been paid, and con-
veying all the right title and interest of tle said
Webster, IN the said premises, the Commissioners
OF Crown Lands
That the Crown Land Commissioners thereupon
took possession OF the premises and they and their
TTra, 4
the rents therefrom.
~ That many of the other lands mentioned in
the last mentioned deed were portion Of the Roy
al Domain and the said premises were included in
the said instrument by mis- take and that far as
the Commissioners have acquired any title to the
premises by virtue of the said instrument, it was
as trustees for the heirs of Kamehameha ".
That the Commissioners claim that the premises
comprised portions of the Royal Domain or Crown
Lands and that the heirs of Kamehameha " have
no title therein but that contrary is the truth.
(6) That the plaintiffs unacquainted with
business and have to depend agents for the
management of their affairs, and that they have
but recently been informed that said premises
part of the private estate of Kamehameha ~, but
on the contrary have been often informed by the
Commissioners of Crown Lands that the said prem
ises comprised portion of the Royal Domain, and
that under the decision of the Supreme Court in
the matter of the estate of Kamehameha ", they
were entitled to no portion thereof
The bill prays that defendants may be decreed
10 hold the -emises as did William Webster in
his lifetime, upon trust for the heirs of Kane
hameha " and that defendants be ordered tC
convey all their right title and interest i'll and tc
the said premises to the plaintiffs, and that they
may be put in possession of the same, and tha
defendants be ordered to account for the rents ant
profits, etc.
The answer of the respondents admits the allega
tions in the first paragraph, but denies the lega
conclusion that the plaintiffs entitled, share
and share alike to the private estate of Kamehsme
ha ".
AS to the second paragraph, the respondent
deny that Kamehameha " died seized in hi
private capacity of the p. ernises in the complain
described, but admit that he seized of par
of the land, describing the same by metes ant
bounds, and the plaintiffs thereupOn disclain
title in much of the premises described in theil
complaint conveyed by Kamehameha ~ t.
Minister of the Interior, and it was conceded
the portion disclaimed represents the differ
ence between the Iand described in the complaint
and that admitted \ the answer
The third paragraph of the bill is admitted, ant
also the fourth except as to the extent of tn
premises.
The fifth and sixth paragraphs are neither ad
r. Keelikolani, the 30th September, 1880, b.
deed of that date for valuable consideration pai
her by Clans Spreckels, conveyed and quit clain
TO him all the lands therein mentioned, and
copy of the deed is annexed to the answer. Tha
st the time of the execution and delivery of tn
deed the land, the subject of the suit, was com
monty called, reported, and known to be
Crown Land, and was derived by said Keeli
kolani as heir to her father and brother afore
said. That by deed dated August 11th, 1882
Clans Spreckels conveyed to the defendants a
such Commissioners all his estate in the sat
premises. That the respondents claim to hold tn
premises against both the complanants by virtu
Of an act of the Legislature of January 3rd, 1866
entitled An Act to relieve the Royal DOMAIN
from encumbrance and to make the same inalier
able
The complainant. Keelikolani, died on the 24t
May, 1888, and c. r. Bishop and R. W. Meyer
executors of her Will, make this suggestion on tn
9Th October, and ask that the suit be continued,
will eonfine myself TO a brief statement of tia
: conclusions reached by me in this case.
5 1. The land in question comprising the premise
formerly known as Honolulu Hale used as til
Government offices for many years, is not in tn
list of lands reserved by Kamehanlela III for hin
self and his successors, but awarded to hir
by the Land Commission upon application and ev
; dence taken.
II. 1t therefore the private land of Kane
. ! hameha Ill and was unaffected by the instrumeT
of reservat alton of March sth Is4s, and the Act
eth June, 1913, confirming the same, and came t
Kamehameha " as private land.
III. On the death of Kamehaneha ", intestatt
, land of this character would descend not to til
successor to the throne but to the heirs-at-law
the King who are now represented by the PLAINTIFF
!. ". But Kamehameha " had in his life tim
re conveyed this land to Willam Webster by dee
= dated 18th March, 1856, and Mr.. Webster ha
raised money for His Majesty by mortgage upo
this land The mortgage presented shows it ws
=, released upon payment of the amount secured b
the administrators of the estate of KamehameL
".
! V. On the 25th October, 1866 Mr.. Webster beir
a. then deceased, the executor of his WILL R. Moft