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

/ possession of said deed and stated that
she desired to be the custodian of said
! deed; that the Notary aforesaid then
| stated that it would be necessary for
him to take the deed TO his office to at
tach his notarial seal. and further sug-
geSted the necessity of having the deed
recorded, and that thereupon said J.
NJ. kaneakua Endorsed the proposition,
and the plaintiff gave her express
sanction to the recording of said deed,
and accordingly said Notary took the
deed aforesaid and attached his ac-
acknowledgement thereto and his seal.
And thereafter the defendants caused
said deed TO be duly stamped and re-
corded, the said J. NJ. Kaneakua fur
nishing the information as to the
amount of stamp duty. Thereafter the
defendants received the deed from the
Record Office through J. +. Colburn,
who was instructed by them to receive
the same from the Record Office. The
deed was then delivered by the said
j. +. Colburn to the defendant David
Kawananakoa, who in turn took the
deed and delivered it to the said ]. NJ.
Kaneakua as the attorney for the
plaintiff, it being understood and
agreed between the plaintiff and de-
PENDANTS that she should have the GUS
tOdy of the deed, defendants consent
ing thereto, knowing that said deed
was an indenture signed by ali the
parties and The plaintiff had a certain
allowance secured to nar thereby.
These defendants say, however, that
the retention of the deed or The GUS
tody thereof by the plaintiff was with
no intention whatsoever Of prevent
ing the same from gO'Lg into immed-
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 il appar-
ent in many ways before and after the
making of said deed that it 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 IN
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
might not live very long, ind to con
summate the purpose and intent Of her
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
Of her property to defendants
for some months prior to the making
of said deed and had advised and
consulted with defendants and others
with reference to the best means and
method of carrying out her ultimate
wishes in reference to the disposition
of her property and that the making of
the deed in question was the consum-
nation of months of consideration and
And in this connection
defendants say that the preamble and
recitals in said deed embody the views
of plaintiff and were suggested by her
own conversations as often expressed
to the defendants and others.
And in further answer to the para
graphs aforesaid of said bill defend
ants say that the plaintiff, while said
deed was at the Record Office, several
times made inquiry as to when the re-
cording thereof would be completed
and expressly instructed the defendant
David KawananakOa when said deed
had been obtained by him from the
Record Office, to deliver the same to
J. NJ. Kaneakua, her attorney afOre-
said, which was accordingly done as
aforesaid. And these defendants say
that said deed was recorded for the
express purpose of making said deed of
immediate force and effect and Of pub
fishing the same to the world as an