The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-06-28
Kapi0Iali Asks That Deed to
Princes Be AIlIlGd.
DID NOT WANT 1T RECORDED
Files a Long PetitiOn-Recites Her
Understanding and Intention in
the Premises.

Kapiolani, queen dowager, has insti-
tuted in the Circuit Court proceedings
to have declared null and void deed,
to secure restraining order and to
have a receiver appointed. The first
hearing will be had at 100 o'clock
this afternoon. Defendants are the
two princes, the nephews of the widow
of the late King Kalakaua. The deed
in question is that instrument by
which Kapiolani conveyed to David
and Cupid on the 10th Of February, Of
this year, all of her property of all
kinds, real and personal, and valued
at several hundred thousand dollars
The actual complaint or grievance
or cause in court of KapiOlani may be
briefly stated. 1t is that she made the
deed with the understanding that the
execution of it was not to take place
until she gave the word. The theory Of
her immediate friends is that she did
not intend to deliver the document for
recording until she felt reasonably GER
tain that she had but a short time to
the conveyance should take the place
of a will and that title to the property
should remain with herself so long as
she was able to look after it.
All of the petition prepared by the
attorneys of the Queen DOwager is in
the native language. Copies were
served yesterday on David Kawanana-
koa and Jonah (Cupid) Kalanianaole.
The paper covers a number OF type
written pages. 1t recites in detail what
is stated above as the gist of the com
I'plaint KapiOlani claims that when
she signed the deed at her home and
allowed the notary Carlos A. Lo1g)
to take it away, she understood that
the acknowledgment was to receive
some necessary additions and that the
paper was to either be brought back
to her or to be left with her attorneys.
She says that instead of this course
being followed, the deed was secured
from the notary by her nephews and
placed on record with the registrar for
the Island at the Judiciary building.
This, the queen dOwager alleges, was
done without her authority or consent
and that further there has been viola
tiOn of the verbal agreement that none
Of the property was to be disposed of
or encumbered in any manner by any
one without her consent so long as she
was able to give it. KapiOlani states
that she has the deed, but has only re-
Gently learned that it has been record
ed against her wishes distinctly ex-
pressed before witnesses. The request
is made in the petition that the court
authorize notice to all concerned that
the deed is null and void and illegal
and that receiver be appointed
There has for some time been quiet
talk Of likelihood of some action of
this sort by Kapiolani. Report has had
it that she is dispIeased with several
aspects of the affair or transfer,
though her affection for her nephews
is well known. She has to friends
mentioned disapprOval of several
things she has heard of in connection
with the handling of the extensive
property by the young men.
As the amount of money involved is
very large the fight in the courts is
likely to be a determined one There
is still pending at bar here the first
dispute to arise from the transaction
that will now be thoroughly aired.
This incident was about stock in a
plantation. The certificates were in
cluded in the general deed. Applica-
ton for transfer OF the stock on the
books Of the company was made by
the princes. The officers of the cor
pOratiOn refused to issue new certif-
icates till the old ones were endorsed,
and suit was brought by the new hold
ers. 1t was remarked as strange that
the princes did not have their aunt
make the transfer in the simple mat
ter usual.