The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1890-08-05

1
out issue, leaving his widow JUL;
KamaemaIia who died IN 1867, anc
Kamehaokalani.
"'14. That said Kamehaokalani
was married to your petitioner il
1873; that she was at her said marriage
nineteen years of age; that they ha6
issue three children who all died il
infancy that the said Kamehaoka
lani died on or about January IL
A. D. 1882, leaving heirs her husband
your petitioner. and cousins, Her
Majesty Queen Kapiolani, Her High,
ness Kapooluku and Her Highness
Kekaulike, since deceased as afore-
said.
"'I5. That by her last will and
testament duly probated by the order
of this Court, issued and made De
cember 9th, A. D. 1882, your petit
toner was appointed executor of the
estate of the said Kamehaokalani,
and letters testamentary issued to
him as such, and he still is such ex-
cutor.
"'16. That in A. D. 1856, as your
petitioner is. informed and believes,
and so alleges upon information and
belief, at the time of the probate of
the said paperwriting purporting to
be the last will and testament of the
said deceased Kealiiahonui, the said
Kamehaokalani was minor under
the age of eighteen years, to wit, one
year of age, living on the island of
Kauai; her father was dead, having
died in 1854; her mother infirm and
on her death bed; that no one ap-
peared 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
Kealiiahonui, deceased, made on the
18th day of February, A. d. 1856, be
revoked, and that the letters tesla
mentary issued to the said L. HALE
lea be cancelled, and that your petit
toner, Junius Kaae, may be ap-
pointed administrator of the said
estate, and that due notice be given
to all persons interested to appear at
such time and place as this Court
may direct, and that the Court make
a time and place and issue process
summoning the said Her Majesty
Queen Kapiolani, Her Royal High
ness Virginia Kapooloku Poomaike-
lani, His Highness David Havana
nakoa and His Highness Jonah
Kuhio Kalanianaole to appear and
show cause, if any they have, why
the prayer of this petition should not
be granted. :1 "a -a t9
"'And your petitioner will ever
pray, ETC.
"Mr. f. NJ. Hatch appears on be-
half of Anderia A. Haalelea and files
a plea in bar as follows:
"'PLEA IN BAR.
"'And now comes Anderia A. Haa-
lelea and shows the court that she is
the widow of and devisee under the
will of L. Haalelea; that her said
husband was devisee under the will
IF Kekauonohi, who was the sole de-
7isee of said Kealiiahonui, and that |
his respondent is interested in the
estate which. was devised by the will
If said Kealiiahonui.
Sand this respondent, further
shows that a petition was filed in
his Court on the I'd of July, A. d.
500 by Kapiolani (w) and D. Kala-
laua, her husband. Kapooloku ivy
md Kanawai, her husband, Kinoiki
W. and Piikoi, her husband, Keluai
,ihana ivy and f. W. Malaihi, her
and Kamehaokalani, a
minor, by F. w. Malaihi, her next
riend, under whom said Kaae claims,
praying for the revocation of the pro-
,ate of the will of said Kealiahonui
Ipon the same grounds as are set
orth in the petition of said Kaae,
N which petition judgment was
,iyen Diminishing the same on the
9th day of November, A.. D. 1866.
d" AOAOlO1O 6uO IoopOAuoAt pIdy5
Judgment if she should be held to
nake any further answer herein and
hat said petition may be dismissed
Nth COSTS 1 's'. rr- -aaA
Mr.. j. NJ. Davidson appears for
Ter Majesty Queen Kapiolani.
Upon an examination of the re-
ord of the case pleaded in bar, I
nd that an appeal was taken from
ne decision-ofa Mr.. Justice Robert
On, but was dismissed by the Court
/ banco, as the bond was not filed in
me. A writ of error was then ap-
lied for and issued, and after hear
,g, the Court says.
"'The Court are of opinion that
lis writ of error is not maintain
BILE, and that plaintiff in error take
othing by his writ 1t also appears
lat Kamehaokalani lat that time 16
ears of age), through whom this
etitioner claims, was party to all
these proceedings and appeared
Y F. w. Malaihi, her next friend;
ut petitioners counsel contends
lat the infant, Kamehaokalani, was
Of represented in the former case,
J the record does not show that
-alaihi appeared by leave of the