The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-08-07
DOCUMENT
FILED WITH REGISTRAR

One of the most peculiar documents
that has ever been filed with Registrar
Merriam is deed of trust that was
filed for registry this week. The prin-
cipals named in the paper are Sam N.
Kamana and J. w. Kahaumia. The
deed of trust is preliminary to a suit
to 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
the personal property and large
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
It appears he is willing to pay a
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
fdenee in him hereinafter expressed, -
the indenture witnesseth that Kamana
deeds in trust to Kahaumia all this
unnamed wealth to handle as he sees
fit during the lifetime of Kamana as
if it were his own in fee.
In consideration of Kahaumia s
great kindness in taking charge of the
property if he can get it, Kamana
agrees to split the accrued income with
him-give him as compensating for his
services so 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 malfeasanee or gross mis-
conduct or negligence on the part of
J. w. Kahaumia.
The fortune which Kamana and Ka-
haumia hope to get hold of is com
prised, it is learned, in tract of land,
consisting of two pieces aggregating
about three acres, located near the cor
ner of Fort and Kuakini streets in Ho-
nolulu. Kamana claims that this land,
which is now held by the Territory,
really belongs to him, and he and Ka-
haumia expect to bring suit to recover
possession as soon as they can get the
money to engage lawyers.
The matter appears to be good deal
Mixed as are SO many other land mat
tiers in this. Territory. However, it
seems that Paia and Kawaileule. the
grandparents of Kamana, We're the
original owners Of the property, and
that Kamana inherited from them. A
cousin of his, Kauloa Haleliilii, who
owned third interest in the property,
sold, through a trustee, the entire in
terest, both his own and Kamana IS, to
]. B. Castle. At least, that is the
claim made.
j. B. Castle, on October 81, 1904,
sold the land to the Territory for
$2450. Now Kamana and Kahaumia
hope to be able to get it back. The
trust deed is to let Kahaumia, who is
the brother-in-law of Kamana, into the
deal.