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No. 29, Upai, Claimant [wahine]
F.R. 43v1
[Margin note: Presented 10 o'clock A.M. April 12]
1 document entered in Native Register, page 43
N.R. 43v1
No. 29, Upai Wahine
Greetings to the Land Commissioners William Richards, May our Lord Jesis [sic] Christ protect us,
I hereby petition to you and your co-workers for my house lot which Palu gave me absolutely, and the house which I built, and which Hana Homa, (Hannah Holmes) covets and has harmfully reviled me. Because of our serious argument I lay this before you to weigh in the balance so that it can be seen which of us is lacking at that place.
Here is the sum of my "weight". My kuleana was given me by me family for my own, until the time when the government road took my place, and I had nowhere to live. The road Luna directed me to live at that place. A place was prepared for me but it was forbidden by Kamahia, Paki's man, so this was not available. Therefore, my house stood by the New Road and the cattle ate all the pili grass, except for the purlins and rafters and the places they could not reach with their mouths.
Therefore Palu, with the love from God towards a widow, gave me this place to live. Therefore I leased 1 lepo /translator's note: I think she means clay or adobe/ and everything to complete a house, except for the labor. Because my small funds were exhausted, the Church helped me as our Lord commanded "Help the widows and the orphans." Only four helped -- H. Bingham, Keaka Amala, P. Kanoa and John Ii.
Here, also, are the witnesses that Palu gave it to me: Kahakal, Poonui, Nalehu
When the house was completed I lived there two months and paid a lease rental of $130 per year, and thus for five years, then the house was to be mine.
When the lease paper was taken to be signed, Hannah Holmes said to G. P. Judd that my name should be signed as owner of the house and lot but G. P. Judd absolutely forbade that I sign my name, that only Hannah Holmes' name was to be signed and because G. P. Judd forbade me so forcefully I did not sign my name.
Afterwards Aikaea (Isaiah) petitioned the King for their place and /Polly/, John Ii and Hannah Holmes divided the place among the children of Pale, wife of Palu. In this division, my place was surveyed properly and separated, with approval from the mouth of Hannah Holmes. It was not begrudged at this time, It was agreed to, and John Ii was the witness of this giving, for the second time, to me.
Beginning at the edge of the government road,
Northwest 70 feet long
Northeast 55 feet wide
Southeast 73 feet long
Southwest 60 feet wide, to place of beginning.
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.... e house was rented to Marshall.
This is all I know.
See page 48 for Upai
N.T. 49-50v1
No. 29, The Property of Upai, Office of the Board of Commissioners Who Quiet Land Titles, Kauwila House, May 27, 1846
John Ii's sworn testimony:
I am relating this according to the statements in the writings, about the assistance given by some of the cousins to solve a problem about his home. This is true, for I was one of (them) who helped with his home. When the roads were built, the first home they (she and her husband Kalaaiaulu) lived in stood directly on the road, and there her husband lived and died. I did not see Palu give her a house lot.
Question: No property, only a house?
J. Ii: No, a house and with the lot, too.
When we (Hana (Hannah) and I) talked, it was agreeable that it was for the children according to the proper grant. We discussed again about the people living on the property. Hana Home (Hannah Holmes) agreed wholeheartedly to let them return the land if they so desire or they may keep it when they feel to do this.
Kahakai sworn and questioned by the commissioners:
Question: Do you know whether Palu gave Upai a house lot on which to build himself a home?
Kahakai: Here is what I know. Palu told me to build here.
Question: Did Hana Home (Hannah Holmes) hear about this?
Kahakai: No.
Question: After the house was built, how long did Upai live there?
Kahakai: I don't know how long, that is all that I know.
Nalehu sworn and questioned by the commissioners:
Question: Did you know of Upai's residence on Palu's land?
Nalehu: Yes (I have known this) Palu told Upai to prepare a place for himself and set it apart.
Question: Did you hear that it was an absolute grant to Upai?
Nalehu: I think it was an absolute grant.
Question: How did Palu get this land?
Nalehu: By his wife Pale Kaikaina of Hana Home (Hannah Holmes).
Question: Who owned Pale's property?
Nalehu: It was her own, it did not belong to anyone else.
Question: Who are the heirs?
Nalehu: Palu and their son, and Upai. Your nephew Kanaina's property is set apart on this (makai) side and Upai's place, too.
Kalaau's sworn testimony:
It was early morning when Palu came to me and talked about erecting a house for Upai. When I arrived, the foundation had been completed by Palu's haole friend. Palu asked me to build Upai's house. He also said that he had given Upai that property and there was no land by the road for their house.
See again pages 45 and 53
[Award 29; no R.P.; Fort St. Honolulu Kona, 1 ap.; no amount given; TMK 1-1-9-04]