Mahele Documents

8/1/2011 12:35:19 PM - last modified
Claim Number: 00007
Claimant: Penhallow, David P.
Other claimant:Kapihi
Other name:
Island: Oahu
District: Kona
Ahupuaa: Honolulu
Ili: Beretania St.
Statistics: 8530 characters 1430 words
No. 7, D.P. Penhallow, claimant
F.R. 24-27v1

[Margin note: presented for file 3 o'clock p.m. March 3]

To the Board of Commissioners for quieting land titles. The undersigned submits herewith his written evidences of title to certain premises in Honolulu and requests that they may be confirmed to him according to his legal and equitable rights.
Signed, D.P. Penhallow
Dated, 3 March 1846

[Margin note: This document returned to claimant with the connected natives, one & award on the 26th May 1847. JHL, Secretary]
No. 1. Know all men by these presents that I, Godfrey Rhodes of Honolulu in the Island of Oahu in consideration of Nine hundred dollars, to me paid by David P. Penhallow of the same place (the receipt whereof is hereby acknowledged) do hereby convey , remise, release, and for ever quit claims, unto the said David P. Penhallow, his heirs and assigns, all my right and title to the lease of that tract or parcel of land situate in Honolulu aforesaid, bounded and described as follows, viz.

Penei ka Waiho ana o ua aina la a me na palena: ma ka hikina ka pahale i koe ia Kapihi ma ia aoao, hookahi haneri Kapuai ka laula, ma ka hema o ke alanui hookahi haneri me ka iwakaluakumamaha Rapuai oia ka loa o ka aoao akau, a ma ke komohana i ka pa oki mawaena a pili i ka pahale o Mi Farani hookahi hanare Rapuai ka laula oia aoao. A me ka oaoa hema oia ka aoao akau mai o ka pahale o Mi Farani hookahi haneri a me ka iwakalua Rumamahu Rapuaika loa oia aoao. Oia na palena o ua aina la "with all the privileges and appurtenances thereto belonging."

To have and to hold the above released premises to the said David P. Penhallow, his heirs & assigns, to his and their use and behoof for and during the unexpired term of the lease. And I, the said Godfrey Rhodes, for myself and my heirs, executors and administrators, do covenant with the said David P. Penhallow, his heirs & assigns, that the premises are free from all incumbrances made and suffered by me (the year rent of twenty-five dollars excepted) which is henceforth to be paid by the said David P. Penhallow) and that I will, and my heirs, executors and administrators shall, warrant and defend the same to the said David P. Penhallow, his heirs & assigns forever against the lawful claims and demands of all persons claiming, by, through or under me, but against none other.

In witness whereof I, the said Godfrey Rhodes, have hereunto set my hand and seal this twenty-seventh day of June in the year of our Lord Eighteen hundred and forty-five.
Signed, sealed & delivered
G. Rhodes
In presence of J.H. Gleason

[No. 2] [Margin note: in Native Register page 3 [No. 7 Kapihi]

N.R. 3-4v1
No. 7, Kapihi

I, Kapihi, lease a certain parcel in ....

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.... Kamehameha III; and Kamehameha III gave it to Kapihi; that is how he has kuleana to it.

John Ricord: In what manner did both of them give it to the King? Was it for himself, or for the Government, perhaps?
Iona Piikoi: For himself.

John Ricord: Who received Poki's and Kinau's lands?
Iona Piikoi: They received it themselves because no one was living on that place prior to that.

John Ricord: After both of them received that place, did their servants live there?
Iona Piikoi: Yes.

John Ricord: While the said house-lot parcel was lying idle, did both of them take possession of said land, perhaps?
Iona Piikoi: Yes, on their own decision, and built a house on it. No one objected.

John Ricord: that is your opinion concerning the giving up, by both of them, to the King? Was it the land, perhaps or houses, perhaps?
Iona Piikoi: It is not very clear to me. This is what is clear, only the house lot. -

John Ricord: For whom was the annual rent on the land occupied by G. Rhodes and family?
Iona Piikoi: It was left with Kapihi; likewise, it was left with his sister, for the King.

John Ricord: Was there a will by Kapihi to the King?
Iona Piikoi:Yes.

John Ricord: Was the will in writing by Kapihi to the King, of his heir?
Iona. Piikoi: Yes, it was a written document.

John Ricord: Where is that document?
Iona Piikoi: It is with the King.

John Ricord: Could you obtain the said document?
Iona Piikoi: Perhaps, yes; it could be obtained perhaps if I told him that you (the Board) sent me to obtain the said document.

Kauwila House, April 1, 1846
Greetings to you,the Heir of Kapihe

We desire to see the will of Kapihi so that we will be able to rule on a finding upon the land that was leased to Capt. Rhodes. Therefore, kindly give us the said document so that we may examine it; then return it to you.
In the name of the Board of Commissioners to Quiet Land Titles:
(s) William Richards

The Palace, April 1. 1846
Greetings to you, Members of the Board of Commissioners to Quiet Land Titles: I am informing you hereby that during the time that Kapihi was alive, he stated to me his desire to lease to Capt. Roke (Rhodes) a portion of his property because his property was given by me to him; then I agreed to it; but what was done between them, I do not know. Perhaps, the lease is in the possession of the Government. And the will, at the time of his death, was not in writing; it was made verbally; could not be given by will to another; similar to the will by Haalilio. His wealth is from me; and so it is in this matter.
And that is all. With thanks to you, I remain
(s) The Heir

[Award 7; R.P. 36; Beretania St. Honolulu Kona; 1 ap. 29 Ac.tmk 1-2-6-02, ap. 6?]