Mahele Documents

00036 Kaunuohua, oppose, Luisa & Kamana
Claim Number: 00036
Claimant: Poeha / Napoeha
Other claimant:Kaunuohua, oppose, Luisa & Kamana
Other name: Napoeha, Simons
Island: Oahu
District: Kona
Ahupuaa: Honolulu
Ili: Beretania St., Kikihale, Merchant St.
Statistics: 16864 characters 2927 words
No. 36, Poeha, claimant
F.R. 48v1


2 documents entered in Native Register Page 49
1 document entered in this Register page 99, supplement
[Margin note: presented 1'oclock P.M. 29th April [1846


F.R. 99v1
[No. 36, Poeha], Document Supplementary to Claim No. 36, Poeha, Page 48

Oahu, June 2nd 1837
This is to certify that I, Charles Simon, leave this as my last will & testament, being in sound mind at my death, I give and bequeath unto Elizabeth and Louisa Simons, my lawful children,jointly my house, money, goods, and chattels, wheresoever they may be found, to their use and to whatsoever purpose they may think proper to put them after they become twelve years of age. Before that period I choose Richard Charlton as their guardian and my lawful agent to transact all business for their general good as the case may be - after which period they, my said children, above mentioned, are to receive the full possession without incumbrance all such property, goods, chattels &c that may be left in the care of my lawful agent and attorney. Be it further understood it's my request that the aforesaid children after attaining the age of 3 years be put to the English school. Witness my hand this 2nd day of June in the year of our Lord 1837,
Charles Simons, X, his mark
In presence of Antonio Sam, William Jones


N.R. 49v1
No. 36, Napoeha, Residence, Honolulu, 29 April, 1846

To the Honorable Richards: I am explaining to you, the land commissioners, about that which I asked of you concerning my house lot on which I live. I have not yet returned to be questioned concerning this matter. Therefore, I am petitioning you.
I am, with thanks, your servant,
NAPOEHA


F.T. 36-38v1
Claim No. 36, Poeha, June 17 [1846]

Manuiki, witness, sworn deposed, he is engaged in doing what he can for his support; at the time the second persons were hung at Honolulu about 1827 I first became acquainted with the place now claimed by the applicant; at that time I lived nearby and the place now in dispute was then a common. Charles, a Lascar, coming up from Hawai [sic] asked the King to give him a place to live. The King replied, go and look up a place that is vacant. Charles, the Lascar, took possession of the place now in dispute & built two houses upon it; he built a stick fence around the yard and put white dobies in the inside of it. His first wife died and he then married the woman who is the wife of the claimant; his first wife left two children at her death, of whom he does not know anything about. Charles lived a long time with his second wife, but witness does not know how long. The woman continued to occupy the place with all the advantages which had been placed upon it by her husband. At that time there were no other places around it; [?] occupied it and fenced in. Previous to the time the Lascar had fenced in his place, Kalawalu had fenced in a place for himself. The claimant has lived on the premises with his wife down to the present time and continues to occupy it.

Opunui, sworn deposed, she lived with her husband, Kauula, near the place in question. That place about 1827 was unoccupied. The facts with which I am acquainted I learned from the Lascar himself; at the time I was at work making bread for him; he told me he went to the King & asked for a place, and he gave him the place in question. He hired some men to build a fence around it. I never heard that any other person had any right to the place. He lived there with his wife, and had two children, born twins, who are now in Mr. Johnson's school. She gave charge to her husband on her deathbed to take good care of her children; and gave them all her property. He afterwards married again, and subsequently died, and his widow is now the wife of the claimant. His first wife died about 1834. He lived with the second wife perhaps a year & died. Claimant has lived with his present wife from the time of his marriage down to the present time on his land.

Moalii, witness sworn deposed, When I was a small boy I lived with ....

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.... ames) land, but Kalaualu had it enclosed with a wooden fence.
Question: When?
Answer: When we returned from the ili (smaller division of land) on Lanai in the year 1826, a foreigner cord maker was living there. I had known him but I did not know Charles Pukiki, although I had seen him residing there. That is all I know.

Work was postponed and shall resume again when Dr. Rooke returns when Charles Pukiki's will be revealed.

Honolulu Fort, June 30, 1846, before the Officers Who Quiet Land Titles-

(Kekuanaoa):I am testifying to the truthfulness of the claim which is in your office now for the property of Kaunuohua. The following is what I have known. The property Charles has lived on is for Kalaualu himself and because Kamehameha had requested so that he (Kalaualu) would have a true attendant, Kalaualu consented to let him have a lot.

Recently Kale died and at that time the British Consul Richard Charlton asked me to go to the funeral. Akoni Pukiki was living there and I asked the consul what he (Kale) said during his lifetime. Consul related that the entire estate including the property he (Kale) had bequested to his son Kamana. I denied this and told him that the land is for Kalaualu and Kale had lived there only on Kamehameha's request. The land was still for Kalaualu. I know this and have heard what was done about this property.

If any of one wants me to take the Oath, do come up here and I will take the Oath.

A statement to be made was forgotten.

Here in addition:

I went to see Kale (funeral) at the time of his death just as Richard Charlton had asked me and I learned that he had debts with the foreigners. It is not just to pay his (Kale) debts with the land because the property is for Kalaualu.

M. Kekuanaoa

M. Kekuanaoa was sworn by the Word of God before me personally for the authenticity of every statement made above, on this day of June 30th.

J. Y. Kanehoa

See page 175


N.T. 175-176v1
No. 36, Napoeha, See Poeha from page 77

Mahi's sworn testimony:

His older brother Kukuhe and Napoeha are foster parents for Haia until the time Haia had given (land) to the guardians - "establish peace, and wherever I would go and return, the land is maintained well by both of you, then I would live under your protection", and this was the will to them. The property was for Kukuhe but supplying himself with his own material goods. The guardian remarked that perhaps he would not be able to keep this place. The answer to hold on because (he was) a man of the king. That is the end of what I had heard.

Kahele's sworn testimony:

I am the wife of Napoeha's older brother - the interest of my husband, who is named Haia is from Nahienaena as a place for him to sell liquor. When he returned from Waianae, he gave this place to some foreigner who was living there. The guardian wondered whether a fence could be built, so Haia helped to enclose the property with a fence. The mamaki (native plant whose fiber is used for tapa) was the reason for leasing the land (soil) and our land co-owners helped prepare the ground (for planting). When my husband died, he had bequested the property to Napoeha and directed Napoeha to take care of me.

Napahi's sworn testimony:

I am a foster child for Haia. By Haia's request at the time Kukuhe had returned from the king's place, I arrived there and Haia bequeathed the property to Kukuhe saying that it was appropriate because he was an honored attendant of the king, the soil was for the king and he was to attend to it. Haia said that he had shelter because he would live in Waianae until his death. That is the house on the property and the house lot in Honolulu here. That is all that I have known.

[Award 36; R.P. 1741; Beretania St. Honolulu Kona; 1 ap.; .237 Ac.; R.P. 1610; Kikihale Honolulu Kona; 1 ap.; .13 Ac.; R.P. 1898; Kikihale Honolulu Kona; 1 ap.; .24 Ac.; Napoeha; R.P. 1898; Merchant St.; 1 ap.; .23 Ac.; Poeha for Luisa & Kamana]