The Hawaiian gazette., 1889-03-19
In the Supreme Court of the HR-
waiian Islauds-In Banco. Jan
nary Term. 1889.
KArAur tw,lvs. ]. y. c. GILMAN.
BIZ to oap,ce, Lease,

KArAur twl V, J, y. c, GILMAN.
sunp, c, J., I'culLr. PRESTON, BTckEsroN,
DOLE, -.
Opinion Of ;hc Co,a-t by Bickerton, j.
This cause comes here on appeal
from the decision of Mr.. Justice
Bickertou, dismiSSing plaintiff S
bill.
Decision appe9led from:
This is 4 bill in Equity to cancel
4 lease. The bill alleges that the
slid defendant, by false representa-
tons and undue influence, induced
the petitioner TO sign said lease for
the term of fifty years, at the an
nual rental of forty dollars; that
the lease was drawn by the de-
PENDANT. That the petitioner be-
lieved the lease to be for the term
of five years. That the petitioner
cannot read or write. That the
lease purportS To contain an extern
sion for q further term of fifty
years, with privilege of purchase
of said land. That the petitioner
is over fifty years of age, and is in
feeble health. That the said rent
is inadequate for said land. And
pElyS that said lease may be de-
clared void and cancelled.
1.-The plaintiffs evidence is not
at all satisfactory. She is an old
woman, very deaf, and now feeble,
but seems 10 understand fairly what
she Is talking about, and her mind
is by no means defective. The
evidence seems 10 establish the fact
that al time lease was executed she
was not in feeble health. From the
evidence | find that kapahu under
stood at the time she signed lease
that she was leasing the land for
fifty years II forty dollars per an
mum. This portion of the docu-
ment seems 10 have been fully eN-
planned to her; but rs to the other
conditions and provisions I do not
find thar they were explained TO
her. or that she understood them,
OF that they were contemplated III
the agreement between her and de-
PENDANT. But. under the aliegI-
tions and prayer in the bill, l can
not decree = reform of the lease.
1.-The bill must, therefore, be
dismissed. with leave however to
bring q new BILL"
The lease sought TO be cancelled
Is IS follows:
know all persons who may look
upon this lease made between ka-
pahu RODRIGUEZ, Of Waimalu, Eva,
Island Of Oahu, Hawaiian Islands,
party Of the first part, and Joseph
y. c. Gilman, Of AliiOlani, Kappa
lama, Island of Oahu, party of the
second part"
In this lease the party OF the first
part agrees with her assigns, adj
miniStrators, heirs and executors,
TO lease all that piece OF land being
the house lot, the clearinghouse,
co0k-houSe, all the taro patches and
the piece Of kula land, and all
things growing upon the land-that
is the orange, coffee, breadfruit and
mAngoeS, and some other things
growing upon the Iand-situated at
Waimalu, Eva, the boundaries OF
which are described in Royal Patent
No. SCI, and in huIeana Award No.
939S. The nature of this lease is
this: Il IS for fifty years from this
day; the rent for one year Is forty
dollars, to be. paid faithfully 10 the
party OF the first part on the first
day Of every July, and 10 continue
till the last day Of June. Beginning
on the first day Of July, 1887, and
ending on the last day Of June of
the year 1887. So must the rent be
faithfully paid 10 the party OF the
first part until the expiration OF the
term OF lease mentioned. If the
party Of the second part should
wish 10 continue TO lease for another
fifty years under the same rent
agreed upon in this lease, ii can be
done if the party of the second part
has treated the party of the first
part right, as provided in this
paper:
~, Joseph \. c. Gilman, party
OF the second part, 1 hereby agree
with my assigns, and all my adj
ministFatOrs and executors, that I
viii faithfully carry out all things;
the trees planted and raised by me
and mentioned by me to the party
OF the first part before the time Of
leasing by the party Of the second
part, and they may be pulled up
and cut the trees OF the land If I do
not want them 10 stand if / cut
them down it Is well. Ii the party
OF the first part should wish 10 sell
the piece Of land to the party Of the
second part she can do 30 if there Is
no Objectisn made toy those con-
nected TO the party OF the first part ;
and also if my husband be dead,
that Is 10 say Frank Antoine Rodri-
ouaz fhou fha yrifo SborIId have