Waihona Aina

No. 90, Kepane Montgomery, claimant, Honolulu, Oahu, June 25, 1846
F.R. 95v1

To the Honorable Board of Commissioners to quiet Land Titles. Gentlemen:
The undersigned agreeable to public Notice respectfully beg leave to lay before the Honorable Board, her claim to a certain piece of ground, situated in Honolulu, bounded and described as follows:

Beginning at corner of premises belonging to John Meek, Junior, fronting the street running in a line with the Seaman's Chapel and a bride leading to Palama to a cross street North Northwest measuring 77 feet; from angle of said cross street running West, Southwest to the beach at low water mark, measuring 400 feet, from thence running along the beach South Southeast measuring 77u feet more or less; thence running back East, Northeast and bounded by premises belonging to Calvin Allan to the said corner premises before mentioned belonging to John Meek Junior, measuring 400 feet.

Certain portions of the above described piece of ground have been in the possession of the undersigned and the relations upwards of twenty years, and a substantial stone house has been lately erected on part of it by her husband.
Signed, Kepane Montgomery, Isaac Montgomery


F.T. 88-89v1
Claim No. 90 & 91, Kepane Montgomery, September 6 [1846]

Umiokalani, sworn deposed, I am acquainted with the premises of claimant who derives her right from her father to whom the place was given by her father, Winship, who received it from Karaimoku, at the time of Kamehameha's return to Hawaii; and houses were built on it by Kuihelani at the order of Karaimoku. Mr. Winship lived there till he left the Islands & when he left, willed the place to his daughter, and appointed Manini & Holmes guardians. It was enclosed with a stick fence by Mr. Winship & afterwards Manini built a stone fence round part of it. Claimant has not now possession of all she formerly had. Previous to 1823 Manini took possession of the yard while claimant was at school at Mr. Binghams. When Manini took possession he went occasionally & lived in a house which Mr. Winship built, for the houses built by Kuihelani were destroyed. Manini had a separate place beside the yard in which he lived himself. He built a bullock pen outside Winship made a fish pond on the sea side of the yard. The walls of the pond were afterward taken away, but I do not know who took them; perhaps Marini.

Kahoani, sworn deposed, I was acquainted with Father of claimant, Winship. We had a building lot in this village adjoining Mr. Manini's. It was given him by Karaimoku. He lived there a long time and this child was born there, and she lived there till she was grown up. The place was enclosed with a stick fence. When Winship died the place fell to Manini as guardian of claimant. Manini enclosed it with a stone fence. It appears Manini took the yard for his own use, but I do not know. He built two or more houses in one part of the yard. The house built by Winship is still standing in the part now occupied by Manini's heirs. The place now occupied by claimant was not the spot formerly surrounded with a fence, but is on a spot occupied by Winship servants.

David Lyons, sworn deposed, I knew Mr. Winship. I know Karaimoku told Kuihelani to give Winship all that strip between Manini's & Mr. Ladd's, Captain Winship was about one year there. When he went away he left Manini as guardian to his daughter. Winship was here long before the King died, about 1817. He had been here several times before that, I went [on] voyages. I do not know what he did about the land when he went away. I know Winship made a fish pond. He had two lands, Pouala, Pearl river, and Kalohaine here.

John White, sworn deposed, I knew Mr. Winship had the place, and am almost sure it joined Manini's. I think he got it from Pit. As far as I recollect he occupied the place off & on 8 or 9 years. As far as I understood when he left, he left the place to his daughter, and Manini was the guardian. Captain Winship made the pond as far as I know. I have heard he had lands in other places, but do not particularly know.

Mr. Young proceeded to the house of Kamakakoa and took testimony. Resumed page 91. (See No. 81, Joseph Booth]


F.T. 91-92v1
Claim 90, Kepane Montgomery, continued from page 90. September 22 [1846]

Kiaimoku, sworn deposed, I know the place claimed by Kepane Montgomery, though I cannot exactly state the boundaries. While Kamehameha was alive Karaimoku gave the place to claimant's father and directed Kuehelani to build a house on it, and make over the house and land to his friend. He did not give it forever to be transferred forever from children to children. When Winship went away he left his wife & daughter in the house, I do not know how long they continued to occupy it. I was here 3 years & went to Hawaii & came back & they were there then. The place was then enclosed with a fence of stone. It included the place now fenced with stone occupied by Mr. Manini's children. At that time Manini's place was separate, on the west side of the road and Winships on the east.

Kupea, sworn deposed, I was acquainted with the premises occupied by Winship. Karaimoku gave them to him while Kamehameha Ist was living. The premises extended from the interior down to the sea side; and were divided by a little path from Manini's running into the sea. In former times there was no fence round them nor round Maninis, but Karaimoku gave them to Winship. He built a stick fence which was [?] by Kuihelani. Winship lived there a length of time. When he went away he left the Premises with his daughter. My husband lived there also under Mr. Winship. I left the place in Rihoriho's time, and went down to Moanarua. I do not know the time claimant was dispossessed; it was after I left. Winship appointed Manini to be guardian for claimant & associated Holmes with him in guardianship; and his wife & servants were placed under them. The servants were to be under Mr. Winship's wife [?], after she died they were to be under the daughter. Manini and Holmes were the guardians of all. I know of a trunk of clothes which was sent from the United States for Manini; and when I was in want I went there and got them. I saw the cloth myself; they told me it was for them. Winship hired Kekuamanaha to build a fish pond in front of the lands.

Kahoowaha, sworn deposed, I was acquainted with the old premises here in Honolulu. I was living at Puakolo when Winship arrived. The premises of Winship was in Kalou, a residuum of land named Kereu. Karaimoku gave the place to Winship. It was separated from Manini's premises by a small path. I never heard Karaimoku say anything about his given the premises; my hearing was from Winship. When Winship received it there was no fence; he hired a stick fence to be built. No one but Winship had any rights in the premises. When he arrived he built a grass house there with sills, which he imported himself; he also hired a fish pond to be built. When he went away he assigned the premises to claimant's mother, and she lived there with her daughter. Claimant was left in care of her mother, but Holmes & Manini were her guardians.


F.T. 92-102v1
Claim No. 90, 91, Kepane Montgomery, continued from page 91, September [?] [1846]

Kiaimoku, sworn deposed, I do not know anything about the fish ponds; they were made when I returned from Hawaii. I heard Winship built them, the ponds were in front of the houses. The dams of the ponds are now fallen away. They have been in a dilapidated state from the time of Kamehameha down. I know Winship had a land in Pearl River named Pouala. Karaimoku gave it him on account of his regard for him. I don not know how many years he lived on the land; perhaps five. It is not now in possession of his assigns. Rihoriho took it and gave it to Kamehameha in connection with the district. After Winship went away, his wife & daughter lived there for a time. In former times there were fish ponds connected with the lands. I do not know whether Winship built any new ones or not. I lived from the time of my birth till his death with Karaimoku. I was his adopted son. Winship's brother had a land in Honolulu; Kalouahine.

Kapea, sworn deposed, Mr. Winship had a land named Piivai given him by Karaimoku. It was taken away in time of Rihoriho; but I do not know anything about it. Winship gave the land to his wife; she gave it to her parents & retainers. Claimant used to receive food from that land while we were living there together. He also had a land named Poualu in Pear river, given by Karaimoku. At one time claimant and her mother lived upon it; he built a small fish pond on that also. He also had a land here by his Brother called Kolouahine. Manine asked for a place of Karaimoku to plant grapes & for want of a suitable one, he asked Winship for one & he gave him that. Claimant & her mother also lived on this land for some time; he also hired a fish pond to be built on this land. The people from that [time] down have called the pond Umiahapa. He also built taro patches on the land; and gave one to each of his wives. Manini lived on the place before the arrival of Winship. When Winship first arrived he lived near Karaimoku with Manini; & when he asked Karaimoku for a place to live, there were no houses to the east of Manini's [?] and Karaimoku told Kuihelani to give him that place.

Kahoovaha, sworn deposed, Winship had a land in Kapoula named Piivai, committed to the charge of parental relations of claimant; she reserved a portion of her food from the said land. Claimant was dispossessed of her land in Rihoriho's time. Claimant had another land named Poualu in Pearl River. Claimant & her mother lived on it at one time. There had been a large fish pond of olden time. Winship made no fish ponds, nor taro patches there. He had another land here named Kalouahine, given by Karaimoku. He built a fish pond on it, the name of it is Kalovai; he also built a kalo patch named Houri. He was dispossessed of the land in the time of Rihoriho, but does not know by whom. Manini was the first man who came & settled on the premises. I was a married man at the time Winship arrived. The land where the Vineyard is was Winships. Manini got it in consequence of living in the same place as Winship & being of one mind. Winship lived with Manini when he first arrived. Manini built his house on the west side of the road when he arrived. The place east of the road was vacant.


F.T. 94-102
Same claim continued.

E.R. Butler, sworn deposed, I know the place which Winship formerly occupied. It was where Montgomery now occupies. It had a stick fence; but I do not know the exact dimensions. It borders on Manini's. He got the grant from Kamehameha I. I know Winship was profuse in giving property; and the King took a great deal of notice of him in consequence of these presents; and gave him this land in consequence. I think in 1810 or 1811 he got the land, and he left Manini his Executor, I believe in 1840. His property was left to the child as far as I have any knowledge; the place reached down to the water's edge; & there was a pond Winship built. I know Kamehameha sanctioned building the fish pond. I know Winship's land Manini's land were separated by a high stick fence. Kamehameha had possession I believe before Winship. Winship built the houses & fence. After he left I do not know who occupied as I was absent. The place was left to the daughter & she occupied it. I know of a fish pond up the Nuuana road belonging to Winship where he used to keep some fish. Kamehameha gave the pond to Winship and I have spent some pleasant hours with Winship in feeding the fish. I do not know of any other lands.

Stephen Reynolds, sworn deposed. It is a case I have little knowledge about. I arrived here in 1811. Winship was not here at that time. I went repeatedly to Manini's & William Davis's & Holmes' at that time with things, being coxswain of the boat. There were not any houses built by Winship at that time. In 1812 I was here. Winship was not here then. In October 1812 he was here & living at Manini's. Whether the house belonged to him or Manini I cannot say; but our Captain lived and messed there. In 1813 our vessel with others came from China this way to the United Stated, being war time. There were then some new straw houses, not finished. I am strongly impressed they built a part of the stick fence after we arrived. That is all that I know positively. I know the stick fence did not go down to the water side. There was a passage between the land & water side. The fence went about 5 yards in front of the house at that time. I was at Winship's brother's house when in the United States, who repeatedly spoke about his brother having a house contiguous to Manini's yard.Marini had no fence round a considerable space he occupied at the time. It was Abiel[?] Winship I referred to. I could not say positively that it is Manini's land or that it is Winship's land. I recollect Johan and Nath ....