The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-26
DECIDED OCTOBER II, 1900.



ordering reformation of a deed.
The January 29tl 1876, Uwin and James
AUDI husband and wife, conveyed by deed Alexander j.
Cartwright trustee certain real and personal property said
deed described upon the income therefrom the
eantor wn Aud during her natural life and upon her decease
pay the for the support maintenance and education of
her three children, Edith Maud and Mary Aud and her niece,
Charlotte X Iaukea Hanks of the defendants for and
during their natural lives and the death of the last
the corpus and accumulated income of said property be
veyed and delivered the heirs law the and upon
other said deed named That the of the
execution of said deed the defendant Charlotte K Iaukea
the in her right of undivided interest certain
of the real purported be conveyed the said by
the deed aforesaid wit GAY the house and lot the
of Nuuanu and Hotel streets, Honolulu, R. p No 1116; b)
parcels of land situated Kauluwea Nuuanu Valley be-
ing Apanas and of R. P $780, and (c piece of land
ooulu Waikiki r. p No. 2O1s and claimed undivided
interest in another piece of property described said deed
situated at Kamanuwa, Honoulu that the denied and
disputed this last claim that Alexander j. Cartwright accepted
and upon discharge
under
That shortly after the death of Uwin Aud the defendants
and the trustee entered into negotiations apparently looking
the severng of defendants interest the three pieces of prop
erty above and November 1873
executed the following agreement in writing
Honolulu, November 23 1878. In consideration of the
Of one dollar in hand paid and in consideration
of hundred dollars be hereafter paid
seraon of the of deed
the children of James and Uwin Aud in the land
oouu Waikiki Oahu, do hereby agree sell and convey
to Alex j. Cartwright of the children of James
and Uwin AUDI all our right title and interest
real property used and occupied and the
OF A. j. Cartwright trustee aforesaid and and de-
liver good and valid deed for the whenever requested
to do.
Subject however the approval the deemed
obtain the Saving and reservng interest which
have in land Kamanuwai which contended upon
a j.. Iaukea nd
Charlotte Iaukea his wife) have interest in
CHARLOTTE X. IAuKEA
Witness CURTIS p IuKEA
Cecil BRowN.'
That pursuanceof said agreement the 9th dav of De
cembe 1873 the said executed and delivered the de-
PENDANT Charlotte K aukea release of all his right title and in
erest such trustee in the of land situated Ioou that
the consideration rected in said deed of deed
the party of the second part and Iaukea her husband
him such trustee aforesaid and for other good and valuable
considerations him moving that the day the defendants
executed instrument in writing whereby they conveyed
the said trustee n consideration the sum of seventeen hun
dred dollars them hand paid by the said party of the
part such trustee aforesaid" "and for other
good and valuable considerations moving released and
quit claimed unto the said party of the second part his
successors in said trust forever the land corner of Nuanu
and Hotel streets and the apanas Kauuwea and also
all the right title interest property claim and demand
whatsoever well IN law equity of the said parties
hst part Of in or the above described premises every part
ana parcel thereof and the appuenance That the habendm
clause of said instrument follows: have and to hold all
and singular the above described premises together the APP
unto the said party of the second part trustee and
his successors aforesaid upon the trusts terms and con-
ana with the same and authority
III the deed OF trust hereinbefore referred to-
mat the $1OOOO part of the consideration reced in said
instrument last named paid to the defendants that tho
dd not receive from the trustee share the in
come from the property described in the trust deed from
Aud and her husband participate benecaries thereun
der nor claim interest therein some eighteen or nine
teen years after the execution deed of release and omit
claim aforesaid and few prior to the commencement f
this proceeding
The bill alleges that through mistake nadvertance on the
part of the trustee of the attorney drafted the deed Of
December 6h 1878 from the defendants to the trustee tho
property described in said deed left subject to all of the
expressed in the deed Uwini Aud and her hs