The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1890-03-06

l. ,lpeg DECEASED lfeYlhG iasus ills
tilghhusa iiagiH ,sawdnahRkdn and
His ilislincss jonoh i{dhId kelaht.
aupole. That Said Niliinu is since
deceased leaving lawful issue by her
marriage with Oliver Chaplin, kolu-
aipihana, who died without issue on
or about March 80, A. ID. 1867, and
kaeo, who died before said kaluai-
pihana without issue, leaving his
widow Julia Kamaemalia who died
in 1867, and Kamchaokalani.
ii. That said Kamclaokalani was
married to your petitioner in 1873;
That she was at her said marriage
nineteen years OF age; that ,hey
had issue three children wEo all died
in infancy; that the said Kamchao-
kalan died on or about January IL,
A. ID. 1882, leaving heirs her hus-
band, your petitioner, and cousins
Her Majesty Queen Kapiolani, His
llighncss Kapooloku and Her High
ness KckuuIikc, since deceased rs
aforesaid.
10. That by her last will and tesv
lament duly probatcd by the order
of this Court, issued and made De-
ccmber 27th, A. ID. 1882, your Pc
titioncr was appointed executor of
the estate of the said Kamehaoka-
lani and letters tcstamentary issued
to him rs such and he still is such
executor.
1G. That in a. ID. 1855 as your
petitioner is informed and believes
and 50 alleges upon information and
belief, at the time Of the probate of
the said paper writing purporting to
be the last will and testament of the
said deceased kealiiahonui, the said
kamehaokalani was 4 minor under
the age of eighteen years, to wit,
one year Of age living on the island
of Kauai; her father was dead hav-
ing died in 1854; her mother inlirm
and on her death bed; that no one
appeared to represent her and the
Court did not appoint any person
to represent her at the said probate
of the said pretended will.
Wherefore your petitioner prays
that the order admitting the paper
writing purporting to be the last will
and testament Of the said Kealiaho-
nui deceased, made on the 10th day
Of February A. ID. 1866 he revoked,
and that the letters testamentary is
sued to the said l.. IIaalclca be can
celled and;that your petitioner. Jul
MUS Kaae, may be appointed admi-
nstrator of said estate and that due
notice be given to all persons inter-
csted to appear mt such time and
place as this Court may direct, and
that the Court make time and
place and issue process summoning
the said Her Majesty Queen Kapio
lani, Her Royal IIighness Virgini:
Kapooloku Poomaikelani, His High
ness David Kawananakoa and His
llighness Jonah Kuhio Kalanianaolt
to appear and show cause if any they
have, why che prayer of this petition
should not be granted.
And your petitioner will eve
pray, etc.
Mr.. +. M. Hatch appears on be
half of Andcria A. lIaalelca an,
files q plea in bar as follows:
"Plea in Bar.
"And now comes Anderia A. Haa
lelea and shows the Court that sh
is the widow Of, and devisce unde
the will of l.. Haalelea; that he
said husband was devisee under til
will of Kekauonohi, who was the sol
deviscc of said Kealiiahonui, ant
that this respondent is interested il
the estate which was devised by tn
will of said Kealiiahonui.
And this respondent furthe
shows that petition was filed in thi
Court on the I'd of July A. ID. 1856
by Kapiolani (w) and ID. Kalakau
her husband, Kapooloku (w) an
Kanawai her husband, Kinoiki Wv
and Piikoi her husband, Keluaipi
hama (w) and +. w. Malaihi he
husband, and Kamehaokclani mi
nor by f. w. Malaihi her mex
friend under whom said Kaae claims
praying for the revocation of til
probate of the will of said KcaliiG
honuiupon the same grounds rs ar
set forth in the petition of said X;
ae; OIL which petition judgment wa
given dismissing the same on TIL
30th day of November A. ID. 1866
Wherefore the respondent pray
, judgment if she should be held t
. make any further answer herein an
= that said petition may be dismlsse
with costs"
Mr.. j. Nj. Davidson appears fc
Her Majesty Queen Kapiolani.
Upon an examination OF the r,
, cord Of the case pleaded in bar,
find that an appeal was taken fro
the decision of Mr.. Justice Rober
son, but was dismissed by the Cou
in Banco, as the bond was not file
in time. A writ of error was the
applied for and issued, and aft,
y hearing the Court says'
: "The Court are Of opinion tn;
/, this writ of error is not maintainab
4. and that plaintiff in error take notl
| ing by his writ" 1t also appear