The Hawaiian gazette., 1898-07-01
A STRONG REPLY
Princes Make a Complete Answer
to Queen D0VaQer.
she UNDERSTOOD TRANSACTION
Inquired About Recording = Signed
Every Page Of Dsed-Every AL
legation Is Covered.

An historic estate and one of the |
largest private properties in the ISL |
ands is involved or figures in the !
pending law suit between Queen
Dowager Kapiolani and the Princes
David Kawananakoa and Jonah
Cupid Kalanianaole. Following is
the text Of the answer to the petition
of the Queen Dowager:
In the Circuit Court of the First
Circuit, Republic Of Hawaii.-ln
Equity.
Kapiolani VS.. David Kawananakoa
and J. Kalanianaole.-Bill to De-
clare Deed Null and Void.
ANSWER OF DEFENDANTS.
David Kawananakoa and j. Kalani-
anaole, defendants herein, residing at
Honolulu, Island of Oahu. by way of
answer to the plaintiffs bill Of COM
plant here, saving ali right of excep-
ton to the errors and insufficiencies
thereof, say:
That they admit the allegations in
paragraph / of said bill.
In answer to paragraph of said
bill, defendants say that the convey
ance, copy of which it attached to
the bill of complaint, was duly exc
cuted by the plaintiff and defendants,
whereby the property set forth in said
deed was conveyed and transferred by
the plaintiff to the defendants in con-
s!deration of certain covenants. agree
ments and undertakings in said deed
..., ,,,.a ta a
PENDANTS, as in said deed fully set
forth; but these defendants deny that
there was any other consideration,
agreement or understanding leading up
to the making of said deed, or any
other consideration therefor than as
in said deed set forth. And defendants
specifically deny that at the time OF
the making of said deed, or at any 9th
err time, any understanding or agree
ment was entered into between the
plaintiff and the defendants in refer
ence to said property or the making
of said deed other than as appears In
the same.
And in answer to paragraphs 8, 4, 5
and Z of said bill. defendants say
that plaintiff has always been econom-
ical and saving and opposed to the
mortgaging or selling of her property
or any other disposition thereof, and
has frequently inculcated upon the de-
PENDANTS the propriety of following the
same course; but defendants say that
no promise was exacted from defend
ants by plaintiff at the time of making
said deed or in connection herewith
that they would not execute any mort
gage, lease or conveyance of said prop
erty without first consulting or obtain
ing the consent of plaintiff or until sc
advised by plaintiff. nor was any sucl
condition imposed before executing thu
deed in question.
In further answer to said last named
paragraphs Of said bill of complaint
defendants say that said deed wa!
signed by the plaintiff in the presenc,
OF defendants and others, and further
say that said deed was carefully reat
to the plaintiff by her legal adviser
J. M. Kaneakua, in the presence o
defendants and of others, and there
after said deed was taken by plaintiff
and carefully read by herself, ant
thereafter plaintiff signed the deco
with full knowledge and understand
ing Of the nature and effect thereof.
And defendants further say tina
after the deed hid been signed b!
plaintiff and defendants, Carlos A
Long, the Notary who took the &c
Acknowledgements to said deed. notwith
standing that said deed had been rea,
to plaintiff and read by herself, a
well asked her IL she fully understooI
and comprehended the nature OF sal,
deed and stated to her that it was
deed by which she conveyed away al
of her property to the defendants; tina
plaintiff thereupon stated that sh
understood said deed and was pre-
pared to sign 1t, and thereupon tn
Notary suggested to plaintiff that sh
write her name across the face of eacl
page OF said deed as we'll as in the ac
customed place; that plaintiff aske
why this suggestion was made an
what effect so doing would have, an
that thereupon her adviser. J. NJ. Ka
neakua, said to her that it would sho,
more conclusively her intent to max
this a good and valid deed, and tina
said act would contribute to make
secure and binding deed, and that
that was her desire that she woul
comply with the suggestion made b.
Notary aforesaid, whereupon, plain
till acquiesced in the suggestion an
wrote her name across the face of eac
page VI Ssilu uttu. anu lutTeupoL
after the signing of all of the names t
said deed, the plaintiff referred to tn
possession OF said deed and stated tina
she desired to be the custodian OF sal
deed; that the Notary aforesaid thel
stated that 1t would be necessary 10
him to take the deed to his office to at
tach his notarial seal, and further sug
gested the necessity OF having the dee
recorded, and that thereupon said ]
NJ. Kaneakua Endorsed the proposition
and the plaintiff gave her expires
sanction to the recording Of said deed
and accordingly said Notary took tn
deed aforesaid and attached his &C
acknowledgement thereto and his sea
And thereafter the defendants cause
said deed to be duly stamped and re
corded, the said j. NJ. Kaneakua fur
nishing the information as to tn
amount Of stamp duty. Thereafter tn
defendants received the deed from tn
Record Office through ]. +. ColburI
who was instructed by them to receiy
the same from the Record Office. Tn
deed was then delivered by the sal
J. +. Colburn to the defendant Davi