The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1909-08-10
DOCUMENT
FILED WITH REGISTRAR

One Of the most peculiar documents
that has ever been filed with Registrar
Merriam Is a deed of trust that was
fled for registry this week. The prin-
cipals named in the paper are Sam N.
Kamana and j. w. Kabaumia. The
deed Of trust is preliminary TO a suit
10 be brought against the Territory.
The trust deed sets out that Kamana
has reason TO believe that he has an
interest by Inheritance, purchase or
otherwise in valuables and premises in
the Territory Of Hawaii, together with
amounts Of rents due and owing him,
Of which divers property, real and
personal, he is neither in possession
nor receives any income or benefit
therefrom.
II appears he is willing to pay n
good percentage in order to get pos
session Of this mysterious fortune to
which he believes himself entitled for
the document further sets out that,
whereas he is DESTROYS Of having such
interests investigated and determined,
by legal proceedings, If necessary "and
the party Of the second part has kind
ly agreed TO accept the trust and con
6dence in him hereinafter expressed"
the indenture witDesseth that Kamana
deeds in trnst TO Kabaumia all this
unnamed wealth to handle as he sees
TT during the lifetime of Kamana as
If IL were his own in fee.
In consideration of Kahaumia Is
great kindness in taking charge of the
property If he can get it, Kamana
agrees TO split the accrued income with
him-giye him as compromising for his
services 80 per cent. of the gross rents,
interests and profits now due and ac.
crued and damages for the retention Of
the same, and 10 per cent. Of the gross
rents and income TO become due of the
said trust premises collected by him,
and five per cent. Of the gross sales of
any portions Of the property that the
party Of the second part may sell.
To clinch the deal, Kamana says in
the document. that he desires it to be
known and understood that Of his own
| free will he makes the trust irrevoca.
| Bile, save for mnlfeasance or gross mis-
conduct or negligence on the part OF
j. w. Kahaumia.
The fortune which Kamana and Ka
| h0umin hope TO get hold Of il com
| prised, II IL learned in tract of land
consisting Of two pieces aggrcgntinp
| about three acres, located near the cor
ner Of Fort and Kuakin streets in Ho
nouln, Knmana claims that this lind
which Is now held by the Territory
reilly belongs TO him, and he and Ka.
haumia expect to bring suit to recover
possession ms soon ms they can get the
money TO engage lawyers.
| The matter appears TO be n good deal
mixed M are so many other land mat,
| tiers In this Territory, However, II
seems that Paia and Kawnileulo, the
grandparents Of Kamana, were the
original owners of the property, and
that kamana inherited from them, A
cousin Of his, Kauoa lIalelilii, who
owned third Interest In the property
sold, through n trustee, the entire IN
terest, both his own and Iiamana u, Ia
j, H. Castle AT least, that Is tho
claim made.
j, u, Castle, on October 81, 1904,
sold The land 10 the Territory for
| $1,000 Now kamana and Knhaumin
hope 10 lac able 10 get II baels The
trust deed ID 10 lei Kahanma, who II
the blolherinlaw Of kamana, into the
| deal