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No. 97, F. and T. Phillips, claimants, Honolulu, June 30, 1846
F.R. 100v1
Gentlemen: The undersigned, having been lawfully appointed to the guardianship of Kohiapau; an orphan grandson of John White, an englishman (who has been a resident of the Sandwich Islands fort-seven years) respectfully begs leave to submit to the Honorable board of Commissioners for and in behalf of said orphan, a claim to a certain piece of land, known by the name of Pueonehe, situated on the road leading to Nuuanu Valley and formerly belonged to said child's mother, said piece of land adjoins the premises at present occupied by Bob, the tailor. Also to part of a house lot situated in Honolulu, formerly the property of Kalehano, and granted to said Kaohipau's parents by Kemakani in 1831 or 1832.
Signed, Fanny Phillips, Thomas Phillips, Guardians of Kaohipau, Residents of Lahaina, Maui
To the Honorable Board of Commissioners appointed to quiet land titles, &c, &c.
(2 surveys connected after received JHL. Secretary)
F.T. 79-83v1
Claim No. 97, Thomas & Fanny Phillips, September 8 [1846]
Henry Sea, sworn deposed, that after the Jury case was decided the Governor consented for Mr. Phillips to be guardian to the child which gave satisfaction to the British Consul General. Phillips called on the Consul & stated that the Governor would give up the house to him on his signing a Bond, but it required another to sign a bond with him. General Miller asked me if I would object to sign the Bond of Phillips. I said I should not object. Dr. Judd, I believe was then asked if they would take me as a security. They said they would. I then signed the Bond for $1500 accordingly of Honolulu house. I then understood the land was given up to claimant and the house. I believe I heard it from Phillips. I then went to Tahiti, and when I came back I heard the whole of it had been taken from claimant again; which very much surprised me. I understood it was done by the Governor.
Waolani, sworn deposed, the Governor told me to go with him and point out the land; and we went to the place. I went with Phillips to point the property of his Brother-in-law, carpenter's tools, &c, I had nothing to do with the land. I went with authority to deliver up that property, which [? belonged] to his Brother-in-law. The Governor said nothing to me about land. Claimant insisted upon the land and measured it. The Governor did give me orders in relation to the house here in Honolulu and the animals. At the time of the trial, Phillips claimed the house & part of the yard. I had orders from the Governor to divide the yard and set up stakes. He gave it to the child. It was a clear transaction. I could not tell now precisely where I put the stakes. There was a small house building there, and Mr. Phillips wished to have the wall go close to the houses, which I objected to.
September 9th. Kekuanaoa, sworn deposed, He did give orders to Waolani according to what he has stated in the testimony, though perhaps he was mistaken in the line of division in the house lot. The points of division I marked out were from the South corner of the house to the road fence; and from the east corner of the house to the road fence. I did not give him the part towards the sea.
David Owen, sworn deposed, The place adjoins the one that was mine in the country. I believe the domain that was Phillips'; sister owned the place formerly. I have been up & down 20 years, but did not know anything of the land. I was at my premises when Phillips, Macdurment, Crittendon & Robert Kilday came there. In the after the Governor came there. Phillips & myself with the others went out to see the Go ....
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.... he] survey was done, he reported to Governor M. Kekuanaoa, then returned to tell us that all had been completed and was good. At that time Koiamai was living there and he was evicting us. So Waolani runs again to M. Kekuanaoa and when he returned he said to us, "If you people evict me for my words, then you will be the ones to leave." Koiami heard this and he did not utter a word. Waolani granted the place to us with the jury doing their part first; later this settlement was made which was also for the inland property. Waolani recorded the entire estate and surveyed the property for clarity.
N.T. 148-149v3
No. 97, Thomas Phillips (guardian of Kaohipau), July 17
T. Phillips, sworn and stated, "I have seen Kaohipau's property in Honolulu here. One other (place) is at Nuuanu, below the street, makai of G. P. Judd's place. This property has been surveyed by a foreigner land surveyor on the 17th day of Sept. 1846. Salay (Sally) White gave the section in Honolulu here to Keahemakani, who is the mother of Kaohipau. This was in the year 1831 and soon after this she also gave that property in Nuuanu consisting of a pasture and a patch. This has been surveyed by the foreigner land surveyor. Salay (Sally) had lived there until her death in the year 1843, then that property was possessed by her husband, Hanai, who lived there and died in the year 1844. Kaohipau received an interest through Hanai's bequest and after their death, the interest was for Keahemakani and her husband, Koamai, leaving the son and Kaohikapu both destitute.
I am the guardian of this child because he is a foster child of mine. Kekuanaoa had authorized this in the year 1844. Later this property was tried in court where the decision was passed as favorable for the boy and I was made custodian. This land here which is makai has been leased to William Morton for the sum of four dollars monthly. I have set aside this money for the child and he has been living with me in Lahaina since the death of his mother. He attends school at Lahaina.
After the court hearing this Honolulu section was divided where one-half was awarded to Kapohaku and the other half to Kaohipau. Four days later that section in Nuuanu was taken by Kuunuhe and Pumaia is living there now with his wife.
I have told the governor about this and Koiamai thinks there should be another hearing for that property."
Kekuanaoa, sworn: When a jury decision was made, it allowed Kaohipau to live there to this day without any obligation and the property is for Namauu and me.
Pg. 662
N.T. 662v3
No. 97, Phillips, Thomas From pg. 148
Koiamai, sworn, I have seen his place at Puiwa in Honolulu district - 4 taro patches, 1 pasture, 2 houses
I had given these places to the parents of Kaohipau before the death of Kinau in the year 1838. They had lived there peacefully until they had died and this land was bequested to Kaohipau and he has lived in the same way.
The boundaries are:
Mauka, government road
Waikiki, the king's land
Makai, Papa Kela's land
Ewa, land of A. Paki.
N.T. 130v10
No. 82, 86 & 97, Thomas Phillips (from page 116), Office of the Board of Commissioners Who Quiet Land Titles, September 22, 1846
Waiolani: I have surveyed at the place I had previously posted a stake and it is known.
Koiamai: Waolani came to the place he had initially surveyed and he came again, but I persisted in denying.
For testimony in 85 see page 170, volume 8
[Award 97; R.P. 7145; Puiwa (Punuehe) Nuuanu Honolulu Kona; for Kaohipau]