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

Petition to revoke PROBATE.
The petition is as follows:
The amended petition of Junius
haae. one of the heirs of Kealiia-
honui. deceased, shows unto this
Court;
81. That the said Kealiiahonul
died on or about the 23d day of
June. a. D., 1S49, being at the time
OF his death resident of Honolulu,
and leaving estate within the juris-
-diction Of this Court.
- That on January 25th, A. d.
1855. the petition of one, L. HALE
lea. was filed in this Court, repre-
seuting that Kealiiahonui aforesaid
had died as aforesaid, that previous
10 his decease' he had devised his
estate to Kekauonohi by last will
and testament; that said Kekauo-
nOhi had since died after devising
her estate to the said petitioner /;
that the petitioner was benefcially
Interested in having said will of
kealiiahonui proved and recorded,
and prayed time and place for pro
bate OF said viii, which he was ready
10 produce and verify as the law
might require and the Court direct.
~.3. That thereafter, to wit, on
February 16, AID, 1856, before the
Hon. /. Andrews and the Hon. q. NJ.
Robertson, Associate Justices of this
Court, appeared the said petitioner
L Haalelea, and presented and filed
IN the Court paper writing as and
for the last Will and testament of the
said Kealiiahonui, deceased, for pro-
bate. a-J..a ,-.i ..'..+-~
II That after certain proceed
ings had In the Court, an order was
made and entered on said February
Is, AID. 1856, admitting said paper
writing TO probate as the last will
and testament of said deceased Kea-
liiahonui, and a certificate of the
proof thereof as such endorsed there
upon, and the said i. Haalelea pro-
ceeded to administer the estate of
the said deceased Hereunder.
- That said paper-writing so
admitted to probate as your petit
toner Is informed and believes and
charges upon information and be-
lief, was never made by the said
kealiiahonui, deceased, was not |
made at his request, was never die
tated by him, was never read to him,
that he never put his mark thereto |
or ms hand on that of another who |
wrote his name, that said paper
writing was not made at Puuloa, that |
sand deceased did not hear anyone
ask Abigail Maheha to sign the
paper, and that deceased did not ask
kshslewai to sign the same.
&c That said paper writing was
not signed by the said deceased or
by some person in his presence and
by his express direction, and was not
sttested and subscribed in the pres
enee Of the deceased by two or more
witnesses.
- That the said paper writing
a. your petitioner is informed and
believes and charges upon informa-
ton and belief is not the last will
and testament of the said deceased
kesliiahonui, but that said paper
writing Is a forged writing paper
and was falsely and fraudulently
made and forged in Honolulu long
time after the death of the said
.ss
IS That there is after and newly
discovered evidence, to wit, since
January a. D. 1889, that said paper
writing was not signed by the de
ceased or by some person in his
presence and by his express direc-
nOn, and was not attested and sub
scribed IN the presence of the de-
ceased by the alleged witnesses.
- That said paper writing was
admitted TO probate upon insufficient
evidence and proof and contrary to
law and the rules of evidence.
10 That due search and in
quiry have been made to ascertain if
deceased left any will and testament,
but none have been found, and [
according to the best knowledge and
belief of your petitioner the said de-
ceased died intestate.
IL That the estate of deceased
was of great value, to wit, more than
I've hundred dollars and consisted /
almost entirely of real estate within
his Kingdom.
~'12. That the deceased Kealiia-
lonui died without issue, leaving his
widow kekauonohi, who afterwards
married L. Haalelea aforesaid and
lied without issue on or about June I
}, 1851 Z
lib. That the deceased left two
lalf-sisters, Kinoiki, whose father is @
Unknown to your petitioner, whose 4
mother was kapuaamohu, the first t
Tife had by Kaumualii, King of G
Kauai, and father of the deceased {
nd Nahinu daughter of the said &
Asumualii and Makua his second G
Tife- That the said Kinoiki is since
ecsased, leaving issue Her Majesty Ii
loeen Kapiolani, Her Royal High f,
ess Virginia Kapooloku -Peomai- "
elani and Her Royal Highness Ke- n
zulike who Is since deceased, leav- Il
z issue His Highness David b
and His Highness 81
onah Kuhio Kalanianaole. That o.