The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1895-06-10

above standing on lot one. And the
half-lot on the side mauka OF the
aforesaid wooden house, that IS the
apana Tor lott tlCo, / give absolutely
to my beloved younger brother y
Keana as long as he lives, and II he
dies and his wife Kekipi is alive then
all this property is to be hers and her
heirs after her"
The next clause in the will is as
follows: "Alima, 0 ka hapalua-Pa
koe tho ma ka apana eIua. A ka
apana Pa ma ka aoaO Hema aku o
kahi e ku mel ka Ralelaau, ola ka
apana ekolu,-&c, &c, (here men
| tioning some other property ke
hooilina aku nei al no ka'u kalkama-
hine ponoi no Kalo, oiai ola ola ma,
a ina make ola, ola ana ka1
kona makuahine ponoi, alaila Ill
| aku no ma waiWai a pau mona, a no
| kona mau hooilina aku, l ka
manawa pau ole. This we translate
as follows: Fifth: The half lot re-
naming of apana t1oo. And the lot
on the south side of the place where
the wooden house stands, that is
''apana three" &C., &c, (here men
tioning some other property [ devise
to my own daughter Kalo, as long as
she lives, and if she dies and her own
| mother Kai be alive then all this
property goes to her (KaO and her
heirs after her forever" Kai devils
ed this property to Kalo by will ad-
United to probate in 1867.
It is evident from the above that
the three divisions the testator made
OF his land were, lot one, the yard or
lot where the house stands, lot two,
the yard mauka of lot one, and lot
three, the yard south of lot one. Lot
two he devises, one half to Keana for
life, remainder to Kekipi, and the
other half to Kalo for life, remainder
to Kai. Both halves of lot two are
mauka of the lot where the house
stood. They were not divided by
metes and bounds and are not
further described in the will. In the
fifth article of the will lot three is the
lot on the south side of lot one, and
it is not one of the halves Of the lot
mauka of the house.
It seems to US that the testator
considered his land as theoretically
divided into three portions and not in
four, for he says SO in his will and
the last lot spoken of on the south side
of the house he calls 'apana three"
and If the mauka part is considered
to be apanas 2 and 3 respectively,
then the last lot devised south of the
house would be apana 4, and it is in
fact, the fourth sub division of his
land.
The contest between the parties is
as to which half Of lot two was left
to Keana for life, remainder to Keki-
easterly Or Waikiki side half, marked
lot 2 on the map, or the northwest
erly or Eva half marked lot 3 on the
map, or an undivided interest in the
whole apana two, certainly the lot so |
devised is the lot for which the de- |
PENDANT received deed from Kekipi. |
This deed, dated December II, 1870,
throws no light upon the question as
to which lot was intended, for it de |
scribes the land merely as ''lot two in |
the will of Makeioulu," devised to J. |
KeanaE and adds no further de
scription by which it can be identi- |
fed
So far, then, it is uncertain by the |
will of Makaiouiu which half lot was
intended to be Keana's, and which |
Kalo's. The testimony Of Kekipi |
defendants grantor) that she point |
ed out the lot now sued for dot mark |
ed 3 on the map) as the lot she sold |
to defendant, is but Kekipi's idea |
that it was the lot intended to be |
hers. The evidence that Wahineaea,
when the old house became dilapid- |
ated, built a small house with it's |
material on lot 3 Of the map. and |
lived there for season is also no |
more than her understanding at the |
time that it was the lot she bought. |
It should be remembered that Kalo,
the devisee of the other half of the |
lot lived there also, with Wahineaea
the guardian Of her person until she
became married and moved to Kauai
The possession of neither was adverse
to the other. Each had an I'M
divided half of "apana two" of the
will. They were therefore tenants in
common. This view is strengthened
by the fact that on December 10,
1872, Wahineaea and Kalo joined in
a mortgage to McInerny-of the en-
tire mauka lot q and 3 of the map)
the outer boundaries of the entire |
apana two being given-thus cover
ing both devises.
This leads US to the deed made by
to Fanny Young Kekela-
Okalani. In order TO pay the Nc
Inerny mortgage, which had been
assigned to the last named person,
on which they were jointly liable,
Wahineaea sold to F. Y Kekelaoka-
lani-her portion. She describes it
as being "the south eastern division
Of Kuleana Number 6428, Royal
Patent No. 1866 to Kanakaiki, the
other division belonging to KaIo, the
and hereby conveyed being devised
Oy Makaioulu deceased, to Keana for
life, remainder over to Kekipi, and
oy Kekipi the widow of Keana de-
ceased, conveyed to me by deed" &c.
The moteS and bounds. courses and |