The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-06-30


the text of the answer to the petition
Of the Queen Dowager:
In the Circuit Court of the First
Circuit, Republic of Hawaii.-In
Equity.
! Kapiolani VS. David Kawananakoa
and J. Kalanianaole.-Bill to De-
clare a 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 all right of eXcep-
ton to the errors and insufficiencies
thereof, say:
That they admit the allegations in
paragraph 1 of said bill.
In answer to para graph of said
bill, defendants say that the convey
ance, a 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
sideratiOn of certain covenants, agree
ments and undertakings in said deed
Contained and entered INTO 0y ne de-
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
er 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 3, 4, ,,
and Z of said bill defendants say
that plaintiff has always been ec)nOm-
zeal 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 so
advised by plaintiff, nor wa any such
condition imposed before exc, uting the
deed in question.
In further answer to said last named
paragraphs of said bill of complaint
defendants say that said deed was
signed by the plaintiff in the presence
of defendants and others, and further
say that said deed was carefully read
to the plaintiff by her legal adviser,
J. NJ. kaneakua, in the presence Of
defendants and of others, and there
after said deed was taken by plaintiff
and carefully read by herself and
thereafter plaintiff signed the deed
with a full knowledge and understand
ing of the nature and effect thereof.
And defendants further say that
after the deed had been signed by
plaintiff and defendants, Carlos A.
Long, the Notary who took the ac-
acknowledgements to said deed, nOtwith-
standing that said deed had been read
to plaintiff and read by herself, as
we'll asked her if she fully understood
and cOmprehended the nature Of said
deed and stated to her that it was a
deed by which she conveyed away all
of her property to the defendants; that
plaintiff thereupOn stated that she
understood said deed and was pre-
pared to sign it, and thereupOn the
Notary suggested to plaintiff that she
write her name across the face of each
page Of said deed as we'll as in the ac-
customed place; that plaintiff asked
why this suggestion was made and
what effect so doing would have, and
that thereupon her adviser, J. NJ. Ka-
neakua, said to her that it would show
more cOnclusive1y her intent to make
this a good and valid deed, and that
said act would contribute to make it
a secure and binding deed, and that if
that was her desire that she would
comply with the suggestion made by
Notary aforesaid. whereupOn, plain
tiff acquiesced in the suggestion and
wrote her name across the face Of each
page of said deed And thereupOn,
after the signing Of all Of the names to
said deed. the plaintiff referred to the