The Hawaiian gazette., 1915-11-30
SUPREME COURT 4,
.nDEC|SIONLIKELY-
|. TO UPSET TITLES
M a. ---T--7 sEEsS I.G$
Highest Tribunal Rules That
Deed Made In 1858 Was
~ Simply Trust. "a
SIMILAR TRANSFERS
e. THUS ARE AFFECTED
Site of Oregon Block and Other
| Property In Honolulu Are.
''"fh y" involved 80.


A drastic revolution in land titles is
expected as The result, Of decision
made by the, supreme court recently
In regard "a, a trust deed executed "
1883 BY a Hawaiian named Alexander
Jr., to- his two daughters, Peke and
Ma "a. The land involved Is that oe.
cupied by the Oregon Block. In this
city. The action decided wab one to
quiet title. l1s- Z
II has. been popularity believed that
old.time Hawaiians made no trust
deeds, but that all these Instruments
were out and ont fee simple titles,
This is not the case, for there are be
lieved 70 be many trust deeds In ex
istence, the trustees in these cases
deciding away the property in after
yrars in the belief that they, had fee
simple title and could so dispose of
thor property. W.. .l3'l4a.. .
Henry Smith Reminiscent r., a.,
OF the : case in question, Henry
Smith, clerk Of the first circuit court,
has made particular study. Among
: others, he is one OF those directly in
terested in the final settlement Of this
interesting question bearing on trust
deeds. % f'i, ~, ..E
1.-THE supreme court has. practically
decided in favor of the defendants in
the snit started more than a year ago
by Robert n. Boyd and Mary Kalei.
ALI against John Buckley and the heirs
of his old-time partner, John J. Sulli.
van, now dead Mr.. Smith said yes.
terday. r.E 20. -H'i .r-,," 3.
I [~''It was a case to quiet title to the
land occupied by the Oregon Block
Hotel street, near Union street, worth
, somewhere abYut 100000, and other
lands included in II deed made in 1855
1 by Alexander IT,, to his two daughters
. Peke and Maria. tF' '.'F@-l G.r..,
Searcher Hits An Idaa h.,,. lu- 49,
/ "As usual with such old documents
the deed was entirely drawn up in
the Hawaiian language. Some record
searcher hit upon the idea that thi:
one was only q trust deed. Now
trust deeds were rarely known. in tn,
I Hawaiian conveyances of those times
-ttWell, this rscord seareher discoy
cred that the deed executed BY Alex
! amer Jr., TO his two daughters wa,
only a trust one; that the, two daugh
tiers were given only q, life interest
and that the fee simple belonged t.
their issue. r''F'.".@ .H
Sisters Took Wrong view
"The two women and, after them
their many grantees, had by theil
( various -sub,deeds treated themselves
as absolute fee.takers. The recOrt
= searcher's view of the purposes Of thu
trust deed is now borne out, the ques
ton having been finally decided, s,
! that the only remaining step is to NOV,
the circuit court to make formal en-
= try of judgement in favor Of the de
Pendants, Boyd and the woman Kalei
} .nlii, in this case. the matter of con
STRUNG the old deed, having been re
ferred to the supreme conrt on a re
served question of law. ~.
Peke Sold Out To Maria
Before, Maria died she obtained
deed from Peke, her sister, conveying
all of tue latter 3 right, title and in
terest in the lands involved. Marii
died some twenty years ago, and he
children never asserted their right, i
any, under the sO-calle,t deed.
1T remained, however, for Rober
n. BOYD and his sister, Mrs. Mar,
Kaleialii, to make such assertion fol-
as soon as Peke, their mother, died
they began the case, thus ign Oring tn
fact that the two sisters, Maria an,
Peke, had treated themselves as lee
takers. |q.,
"In Az Taiolimu, under the sam
deed Of trust, is n large tract of Ian
sold to the KapiOlani Estate, and ther
are other parcels Of land outside o
these owned by' other parties. Thes
will now benefit, as the result of tn
Oregon Block suit, through the remova
of the clouds TO the title,'' 4.