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No. 12, Kaeo
Explanation that the rights be known. No. 1
My mother who bore me, Kaaimalalo, and her kaikuaana, Piopio, when they were alive and well, discussed between themselves as follows: If one of us dies, then the other one will be the heir, and our retainers will stay with her and our keiki shall be above; and if we both died, then our child will be our successor and our heir."
In the year 1844, Piopio died, and afterwards, in the same month, Kaaimalalo also died. Piopio died without leaving a written bequest for her kane, and four days after Piopio's death, her kane, Kalakuaioha, wrote a will that he was the heir of the land, and all of the property, through the King, and that will was written, and Piopio's name was signed on it four days after she was laid in her grave.
When I heard of my mother's death, I was taken sick. I did not, however, think the bequest was for someone else, because of thinking of their agreement.
While I thought thus, Kalakuaioha came to me and said, giving me the will written by Piopio, that I as her heir and her kane was to live under me. I read this and talked to him. And I thought, because he brought the will to me, that I was the true heir of the one who died. The words of said will were proper, in the presence of my makuahine's kane, therefore I took the paper and told the King.
The One Who Denied Again. No. 2.
My makuahine's people came, who had been expelled by this new kane of hers, and spoke to me; I returned these people to live on the land under him. Kalakuaioha refused absolutely, and because of his being so difficult, therefore I said that I was the heir and I was the luna, and I said they would return and lie as before. Because of this, he said he would appeal to Paki because I had no will, and that Piopio had not written one. He also said that the which he had brought to me which I had believed, was a lie, since his wife had died before it was written.
The Right Should be Returned, No. 3.
Because of the difficulty of myself and the people, due to the length of time of settlement, and two years have passed, and because of the really bad deeds of that man on the land, and all the commotion, therefore it is my thought to quickly have awarded, in the justice of the law, to the rightful heir of the deceased.
The Amount of Land. No. 4.
Title to the lands shown below was acquired by Piopio's having been the wife of Keeaumoku and being given these lands, also some lands from the King, and some from another husband of hers. I have written them below:
Ahupua`a, District, Island, Acquired from:
Kaueleau, Puna, Hawaii, Keeaumoku
Kanakihi, Puna, Hawaii, Keeaumoku
Punahoa, Hilo, Hawaii, Kamehameha III
Ahualoa, Hamakua, Hawaii, Keeaumoku
Ainakea, Kohala, Hawaii, Keeaumoku
Hawai, Kohala, Hawaii, Keeaumoku
Haena, Kohala, Hawaii, Keeaumoku
Wailoa, Kohala, Hawaii, Keaholawaia.
These were the lands that were hers, here also is the house lot on which she lived in Hilo, which was her husband Hoahoa's, and which became hers, and a certain house lot at one of the Punahoas, these two house lots are in the two Punahoas.
I claim these places, as keiki of the deceased, the lawful heir; it is not right for Kalakuaioha to assume title with me because this is wrong, and because of this I am making a claim.
Signed on the 21st day of March 1846
No. 12, Kaeo [Note: given to Kekauonohi]
Puali, sworn deposed, that he knows Kaeo has two house lots both on the Ahupuaa of Punahoa land 2.
Lot 1 is situated ....
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.... Joshua and his wife, Kanihokapu and her husband, Kalakoa kane, Maluai, Ipuni who all heard this command of Piopio, that Kalakuaioho was heir to all her property. This lot was sold by Kaeo to William Beckley in the year 1846, which causes the difficulty.
Kanae, sworn deposed, that the evidence given by Kaaiawaawa was true.
Kalakuaioho, sworn, in regard to Lot 3 now occupied by L.K. Halai, I do hereby relinquish all my right and title to this lot to L.K. Halai under the Reverend Titus Coan, and will never [?] in any claim to his disadvantage.
No. 12, Asa Kaeo, See 226 v2 F.T. [No. 463 Kuihelani]
Kaneleau and Kanekiki, the two lands claimed in the district of Puna: Kanekiki is a Government land and Kaneleau has no person who can given any evidence to Kaeo's claim. Ahuaha, District Hamakua, is a Government land. Ainakea, Hawi, Haena, district Kohala, are government lands. Wailea in District Kohala, no person found able to given evidence to Kaeo's claim.
No. 12, Asa Kaeo, November 14, 1848
Puali, sworn, He has seen in Piihonua ahupuaa of Hilo, Hawaii, 2 sections. House lot at Punahoa I, and Punahoa II.
Section at Punahoa II:
Mauka, Kailikaehawais land
Hamakua, Kalawloas land
Makai, Halais lot
Puna, Moehihio Iosuas lot.
Enclosed with stone wall by the government because he (Asa Kaeo) is the judge. One house had been for Piopio. Piopios interest had been from his brother, Kaahai. Upon Piopios death in 1844, the bequest was for his son, Asa Kaeo, I had heard this together with Kanahele, Opunui, Maile and Kauloloua. They are true guardians of Piopio and have not been led to the district court for action.
Puuahoa 2 Ahupuaa:
Mauka and Hamakua, government road
Makai, Taro by the sea
Puna, Ponahawai Ahupuaa.
Piopio did not enclose this lot but had the following people do this: Pake, Apiki, Puali, Amoe Pake and Kanakahi. These people have interests in this lot, land and houses. Kaeo has no house here in Lapaelani. Koawi had built a house and Hilo had trimmed in all around in 1825. That house had been torn down by a whirlpool sea in 1837. When Kaeo's claim there had ended, Apinepine lived there where he built a house and fence, he also farmed there. In the year 1847. Kaeo gave the interest to the chinaman.
Opunui, sworn, He has seen this place exactly as Puali had seen it by there was no objections. Kalakuaiaho had filed a suit previously.
No. 12, Asa Kaeo, Honolulu, March 8, 1848
Kanaina, sworn and stated, "I have seen this property of Kawailepolepo. It was immediately possessed by Kaholawaia, the husband of Piopio at the time Kawailepolepo had received it and Kahalawaia has lived under Kawailepolepo.
When the chiefs with Kaahumanu had gone traveling on the island of Hawaii, Poki died, so we went to Hilo. Keaholawaia was ill at the time and I heard him saying to Piopio that he (Keaholawaia) was the attendant of the property under the chief and upon his death, Kaeo would be the aide for the chief of the land. The chief was in Lahaina for Kaahumanu's death when Kawailepolepo died and I had heard at this time Kawailepolepo had bequested this.land to Enoka, her? son, yet upon Piopio's death, she wrote to say those lands were for Kaeo. When Kaaimalalo died, she had willed her lands for Kaeo; however, I have heard the property is for Kawailepolepo. Kaeo has said himself that he has the land at this time."
See Vol. 5 F.T., pages 14-155 and Vol. 4 N.T., pg. 424 [above]
[No. 12 not awarded; Disputed by ABCFM; See Award 387]