The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1890-08-01

The decision of Bickerton, j., APP
pealed from is as follows:
Petition to revoke probate.
The petition is as follows:
The amended petition Of Junius
Kaae. one Of the heirs of Kealiia
honui, deceased, shows unto this
Court:
al. That the said Kealiiahonui
died on or about the 23d day of
June, A. d., 1849, being at the time
of his death resident of Honolulu,
and leaving estate within the juris-
diction Of this Court.
80. That on January 25th, A. ID.
1856, the petition of one, l.. HALE
lea, was filed in this Court, repre-
senting that Kealiiahonui aforesaid
had died as aforesaid, that previous
to 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 beneficially
interested in having said will of
Kealiiahonui proved and recorded,
and prayed time and place for pro-
bate of said will, which he was ready
to 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. l.. Andrews and the Hon. GIN.
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.
"'4. That after certain proceed
ings had in the Court, an order was
made and entered on said February
16, AID. 1855, 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 l.. Haalelea pro-
ceeded to administer the estate of
the said deceased Hereunder.
"'5. 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 his hand on that of another who
wrote his name, that said paper
writing was not made at Puuloa, that
said deceased did not hear anyone
ask Abigail Maheha to sign the
paper, and that deceased did not ask
Kahalewai to sign the same.
$50. 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
attested and subscribed in the pres
ence of the deceased by two or more
witnesses.
at. That the said writing
as your petitioner is informed and
believes and charges upon informa-
ton and belief is not the last will
and testament of the said deceased
Kealiiahonui, but that said paper
writing is forged writing paper
and was falsely and fraudulently
made and forged in Honolulu long
time after the death of the said
deceased.
"'S. 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,
ton, and was not attested and sub
scribed in the presence of the de-
ceased by the alleged witnesses.
so. 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 il
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.
al. That the estate of deceased
was of great value, to wit, more than
five hundred dollars and consisted
almost entirely of real estate within
this Kingdom.
"'12. That the deceased Kealiia-
honui died without issue, leaving his
widow Kekauonohi, who afterwards
married L. Haalelea aforesaid and
died without issue on or about June
2, 1851.
"s13. That the deceased left two
half sisters, Kinoiki, whose father is
unknown to your petitioner, whose
mother was Kapuaamohu, the first
wife had by kaumualii, King OF
Kauai, and father of the deceased
and Nahinu a daughter of the said
: Kaumualii and Makua his second
wife. That the said Kinoiki is since
deceased, leaving issue Her Majesty
Queen Kapiolani, Her Royal High
ness Virginia Kapooloku Poomai-
kelani and Her Royal Highness Ke
kauike who is since deceased, leav-
ing issue His Highness David
Kawananakoa and His Highness
Jonah Kuhio Kalanianaole. That
Nahinu is since deceased leay
ing lawful issue by her marriage
with Oliver Chaplin kaluaipihana
who died without issue on or about
March 80, A. d. 1867, and Kaeo, who
died before said kaluaipihana with
out issue, leaving his widow julia
Kamaemalia who died In 1867, and
Kamehaokalani.