The Hawaiian gazette., 1898-07-01

4
deed and delivered IL to the said j. NJ.
Kaneakua as the attorney for the
plaintiff. 1t being understood and
agreed between the plaintiff and de-
PENDANTS that she should have the GUS
tody of the deed, defendants consents
ing thereto. knowing that said deed
was an indenture signed by ali the
parties and the plaintiff had certain
allowance secured to her thereby.
These defendants say, however, that
the retention of the deed or The GUS
tody thereof by the plaintiff was With
no intention whatsoever. CT prevent
ing the same from so'Lg into immel-
late operation and effect, nor was any |
suggestion to that effect made by |
plaintiff or defendants In any CONVEX
| sation whatever between them in ref |
| erence to the custody of the said deed, |
and on the contrary these defendants |
say that the plaintiff made II app1r- |
ent in many ways before and after the |
making Of said deed that 1t was her
purpose and intention to vest all the
property aforesaid Immediately in the
defendants under and by virtue Of said
deed and that the same should go into
full force and effect and operation at
the hour of the execution thereof by
the parties aforesaid in the manner
aforesaid.
And defendants further state that
the plaintiff herself conceived the idea
of making said deed and finally exc
cuted the same without connivance or
instigation on the part of these de-
PENDANTS or either of them: that the
defendants are the heirs at law Of the
plaintiff and have been brought up by
her as her own children. and defend
ants have been given to understand
by plaintiff that they were to inherit
her estate, and that plaintiff has no
other near relatives besides the de-
PENDANTS that plaintiff has for some
: time past been in poor health and un-
! able really to attend personally to the
affairs of her large estate and defend-
: ants say that the making of the deed
: at this time and occasion came about
through the enfeebled health of the
plaintiff and consciousness that she
4 might not live very long, ind to con-
summate the purpose and intent OF her
4 life time that the defendants were to
: succeed wholly to her entire estate.
And defendants further say that
plaintiff had under immediate contem-
!; plation the making of some instrument
:. disposing of her property to defendant;
for some months prior to the making
of said deed and had advised and
J, consulted with defendants and Others
with reference to the best means anJ
!, method of carrying out her ultimate
:. wishes in reference to the disposition
y of her property and that the making oi
j. the deed in question was the consum
y nation of months of consideration ant
, consultation. And in this connection
% defendants say that the preamble ant
. recitals in said deed embody the view:
u of plaintiff and were suggested by hel
own conversations as often expressed
to the defendants and others.
= And in further answer to the para
q graphs aforesaid of said bill defend
n ants say that the plaintiff, while sale
deed was at the Record Office, severa
: times made inquiry as to when the re
" cording thereof would be completed
= and expressly instructed the defendan
10 David Kawananakoa when said deeC
" had been obtained by him from th'
d Record Office. to deliver the same t,
a. J. NJ. Kaneakua, her attorney afore
Ia said. which was accordingly done a!
AZ aforesaid. And these defendants sa!
!. that said deed was recorded for tht
90 express purpose Of making said deed o
N ava ~ "'.' - ~ 49," va P'
t fishing the same to the world as al
D. authoritative conveyance from pam
n IN w ,, us.e ..a ts, anu nauort;sa!
30 ,ne, ,, Ino ueo i ~ M,,naise,
n III, 'n $500 puDC ,opamana T., soid H.
lie am, anu , ssnl ., i ~ s" ,,,o
.u" , W .us 49,, ' Ia ., 800
I'd III, ~ sosa. So - -, -,
t, VIZ " nme s'n. us anu ,a ona - a.
IS ia aua u,hS 3 I'm Any, .ne aSo uo' =,
re sai ', .n.saee s Wy she ue su,.n9au,a ~
err p'u nc W 'no ue. ~,
ID @ 80 20 80 10y ,' Ia VIZ "a
r, n. - 80, go" "A
OF "pP,Uo Ioso,,,,, r .,o
e. So thn nUae,,;nn 40 naI, Say az, 40
H Sasor,an,, 49,, an, y, , ,in W.. 1870, ~
I'd va Iaii,,ou I'm, .n,i1 49,, ~ .,"e e 1917,
I'd 90 ~ utin s Nv 80. iuase , ~ an'.
d. poi ~ So s Sne 9 1 a III.
@ y! '"u uu' anu .n,s pian'.
at va 49," va, ~. I h
~ ,bn u az" ao' u ionna. ~ ~
sni5 ~ Sosnn5a.. Da,';s r az.
c. J s,1'an n''', ' %
h NJ" i'a. s'S"eu ae'ei"i io"ooo ~