The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1884-01-23

lAANus-
Before thr ChaHcelior.-OpiHioH OF Chancellor J,ii
I The bill alleges in substance that His Majesty
Kamenameha " died, intestate, November SOth
1858, leaving as his sole heirs at law his widow
Queen Emma and his father NJ Rekuanaoa who
died intestate leaving HE son Kamehameha and
his daughter, said Ruth keeikOlani, as his heirs,
and that Kamehameha V thereafter died intestate
leaving the plaintiff Il. keelikOlani his heir at
law and that by the statutes of this kingdom the
plaintiffs are entitled, share and share alike, to
the private estate of Ramehameha ".
That kamehamaha " seized and pos
sessed in his lifetime. IN his private capacity, in
fec siuiple of all that parcel of land situated n
Merchant Street in Honolulu, describing it, be-
ing Part l of Award of the Land Commission
No. 1896 20 kamehameha Ill., which said pre-
misses were devised TO kamehameha " by will of
kamehuneha III, Only admitted to probate.
8 That His Majesty Kamehameha " by a re
corded deed conveyed 20 William Webster, his CON
fdeutial secretary, the land above described 20
enable Nj. 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.
That on the 18th of October 1856, the then
Commissioners of Grown Lands procured Robert
AI0iiitt the executor of the will of VIM. Webster,
to execute an instrument declaring that said Web
ster held the premises above described, together
with many other parcels OF land as trustee OF ha-
mehamehA " in order TO raise money upon NOR
tLaIo oil the SINE WHICH Dttu pllAl-
veying all the right title and interest of the said
Webster in the said premises to the Commits
sioners of Crown Lands
That said Commissioners thereupon took pos
session Of the premises and they and their success
s0rs have ever since received and collected the
rents therefrOm.
5 That many of the other lands mentioned in
tie last mentioned deed were a portion of the
ROYAL Domain and the said premises were in
cGded in the said instrument by mistake and that
20 far as the Commissioners have acquired any
title 10 the premises by virtue of the said instru
ment il vas trustees for the heirs of kameha-
meha ".
That the Commissioners claim that the premises
cumpTized portions of the Royal Domain or Crown
Lands and that the heirs of kamehameha ~ have
no title therein but that the contrary Is the
truth;
6 That the plaintiffs are uuaequainted with bus
mess and have 10 depend on Agents for the mana
cement OF their affairs and that they have bat re-
Gently been Informed that said premises were part
Of the private estate OF kamehameha " but, on
the contrary, have been often informed by the
Commissioners Of Crown Lands that the said pre-
misses oomprized a 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 pays that defendants may BE- decreed
10 hold the premises, as did William Webster IN
his lifetime upon trust fOT the heirs of hAmeha-
meha ~ and that defendants be ordered to con-
vey all their right title and interest in and to the
said premises 10 the plaintiffs and that they may
be nut IN possession of the same and that defen-
dAats be ordered to account for the rents and pro
fits etc.
Tbs answer OF the Respondents, admits the al
legations iu the frst paragraph bat denies the
legal cololusian that he plaintiff, are entitled,
share and share alike. 20 the private estate of
kamehameha "
As to the sec5nd paragraph, respondents deny
that kamehAmeLA " died seized IN his private
capacity OF the premises in the complaint des-
cribe.I bot admit that he seized Of Z part OF
the said land. describing the same by Iretes and
bounds, and the plaintiffs thereGpOn diselained
title in 30 much OF the premises described IN their
complaint as was conveyed by kAmehameha ~
TO the Minister OF the Interior, and Il vas con-
cssiei that portion disclaimed represents the dit
ference between the land described IN the CON-
plant and that admitted in the answer
The third paragraph OF the bill IS admitted, and
aud also the fourth, except to the extent Of the
I premises
Ihe hfth and sixth paragraphs are neither
admitted nor denied And the respondents say that
r. healikciAui OF the Slsh Sept, lsso, by deed of
thai date fox a valuable Confederation paid her by
Claus Spreckcls. conveyed and quiiclzimed 10 him
all the lands therein mentioned, and copy Of the
deed Is annexed 10 the answer That at the time
Of the execution and delivery of the deed the land,