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No. 254, [Charlotte Holmes], Robert G. Davies, claimant
F.R. 162v1
[Numerical index lists this entry for N.R. 162v1]
Honolulu, October 31st 1846, To the Board of Commissioners
As attorney for Mrs. Charlotte Holmes, I beg leave to lay before your honorable board the nature of the claims of my principal to a certain undivided portion of land in the old Holmes Estate. Said Holmes, a native of the United States, arrived at these Islands about the year 1798 and was subsequently entrusted with the office of agent or [for?] Governor of this Island by his Majesty, Kamehameha Ist and became possessed of various lands on this island, many of which his heirs have since been deprived of. The premises in this Town, however, still remains in possession of some members of the family. But the above named Principal, being also the daughter of said Holmes, has been denied by the other heirs any right in said land, and they have refused setting off any part or portion for her benefit. The above proceedings appear the more unjust as said Holmes died intestate, and left no one of his children as special agent or owner of his Estate.
Therefore, in view of the above circumstances, I would respectfully pray in behalf of my Principal, that your honorable board would investigate her rights in the premises as above named, and if agreeable to your decision, enforce a legal and equitable division of said property in her favor; the claimant being destitute and requiring what little property belongs to her for he support.
Signed Robert G. Davies
In behalf of Charlotte Holmes
F.T. 311-322v3
Cl. No. 254, Charlotte Holmes, 18th November 1850, from page 293, 1045 Counter
Stephen Reynolds, sworn, I knew Oliver Holmes ever since the year 1811 - his children now living are George and Charlotte Holmes. I know the land claimed by George Holmes in Honolulu. Oliver Holmes, I know was in possession of this land from 1811 until his death in 1824 or 1825. (On witness being shown Mr. Turner's survey of the land, recognized it as being that of which he speaks above.) Witness proceeded
Charlotte Holmes lived with her father on this land up to 1823, but not afterwards. The land has been occupied by Mrs. Bancroft, Mrs. Spear & George Holmes, heirs of Oliver Holmes, subsequent to his death. I always understood that the Oliver Holmes got the lot from Kamehameha I. Holmes was an assistant to the Governor of Oahu for a long time. Holmes did not get the land of his wife! I have heard George Holmes admit the rights of some of the heirs, but he denied that Charlotte Holmes had any claim to this land, saying that she had a house lot elsewhere. George Holmes, Charlotte Holmes' heir of Mrs. Bancroft, & the heirs of Mrs. Spear are the claimants jointly to this land.
Oliver Holmes died without leaving a will. I am positive he did not derive the land through his wife. I recollect there was a wall put up on the side of the lot next Ewa to divide the lot. The portion next Ewa was designated by George Holmes as Mrs. Hardwick's portion. & the next part on Waititi side of the wall was occupied by Mr. Spear & his wife about 1833 or 1834. George Holmes afterwards caused the wall to be removed thereby taking in all the lot into one.
Mrs. Hardwick & Mrs. Spear had about ½ of the lot. From all I know of this claim I consider that Charlotte Holmes is justly entitled to one quarter of the lot. George Holmes has possessed the lot for some time but not undisputed. He has pretended to hold all the lot since about 1840. I held Mr. Speirs [sic] power of attorney under which I disputed that part of the claim which belongs to Mrs. Speirs heirs, since 1840. When George Holmes leased a part of this land to Mr. Nadal & Nadal was about to erect his house on it, I & R.G. Davies went together to Nadal and cautioned him not to build on the land, as it was in dispute. I think this was in 1846. The wall spoken of as having been removed by George Holmes was removed about the time Nadal erected his house. I think it was taken down after Mr. Davies and I had forbidden the erection of the house on the land.
T.C.B. Rooke, sworn, I have heard Mr. Reynolds' testimony & I know the greater part of it to be correct. When I first knew the family in 1829, George Holmes occupied a store house & grass house adjoining which stood on the Waititi part of the lot. Soon after 1830, perhaps, Mr. Speir enclosed his wife's part of the lot with a slat fence - this I know because I was daily in his house. He after built a cook house upon it. The fence was about the centre of the lot. Charlotte & Mary had a house on the Ewa part of the lot; their mother had a house on the mauka part.
In conversation with the family, I understood that the division then recognized among them was intended to be observed by the several heirs. I have always heard from old Mr. Young and others, that Oliver Holmes got the land from Kamehameha I. Mary's part of the lot was offered to me on mortgage by Hardwick in 1842. I remember an adobe wall being built between Mary's part of the lot and that of Speirs.
George Woods, sworn, I know Charlotte Holmes. I have known the family since 1825. I know the lot in question. I always understood that Oliver Holmes got the land from Kamehameha I. I know the four children spoken of by Mr. Reynolds to have been heirs of Oliver Holmes. After their father's death, the children all lived on the land claimed.
Wm. Sumner, sworn, I know the 4 children of Oliver Holmes spoken of by the foregoing witnesses to have lived on the lot in question. Just after Helen was married to Hardwick, I understood from her, that George Holmes objected to the building the adobe wall on the lot because she had married a foreigner, but he afterwards gave his consent, and the wall was finished before she left for the United States.
[No.] 1045, George Homes, counter.
J.H. Brown, sworn, says, In conversing with George Holmes about the house lot in dispute, he has told me several times, that if Robert (R.G. Davies) would let him alone, he would give him the part of the land, which he wanted as it belonged to Mrs. Davis' mother, Charlotte Holmes. At other times, he has told me that the lot on which he lives, belonged not solely to him, but that other members of the family had rights in it. One of these conversations took place in May or June last across the fence between our lots.
Cl. 254, C. Holmes, continued, 22 November [1850]
Kaneulupoo, sworn, I know the house lot of Holmes. He got the land from Kamehameha I & lived there to his death. When he died, he left all his moveable property to George, and all the land he got from the King. His widow had a part of the property & when she died, George was Holmes' favorite child. Holmes did not make a written will - it was not then customary to write them.
Poomou, sworn, I know this lot. Holmes got it from Kamehameha I & occupied it till his death. Holmes died in an adobie house on the lot in question. I formerly lived with Holmes. When Holmes was dying, he said to George, "When I die, all my property will be Yours; & my widow will occupy under you." George has occupied this lot since his father's death. Some of the children used to live on the lot, but they all left except George.
Haui, sworn, I know the lot of Holmes - he got it from Kamehameha I, when Holmes died he left all his property to George & his widow was to live on the land under George. I did not understand that the other children were to have any part of the land.
Opunui, sworn, I know this land. I knew Maki, mother of George Holmes. He knew some of the Holmes children who lived on the land.
George Holmes presented the will of his mother & filed it with the Board: Which follows:
"O Wau o Mahi ka wahine ponoi a O. Holmes i hanauia ma ko Hawaii Aupuni malalo o ka Moi ke Lii Nui o Ko Hawaii pae aina, a ua hanau hoi kau mau keiki he lehulehu a ua make kahiko ka`u Kane manua loa a he wahine kane make ka inoa o`u i keia manawa, aka, ua pomaikai no au ma na Kanawai o ka Moi i ka loaa ana o ko`u hapakolu maloko o ka pahale ka`u* [margin note: upon house] kane. Ano ka`u hoopomaikai ia mai e ka akua, ua loa mai i`au keia manawao [manawa?]. Akua ua kokoke mai i ko`u manawa e hele ai i ka aoao o ko ka honua a pau. Nolaila i keia la ke Kauoha pono aku nei au ia Geo. Holmes kuu keikikane, kuu mea i manao nei ....
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.... owing him him [sic] to live there 2 years, giving him all the cooper's shop site that is now.
Pitman agreed to build what is now the cooper's shop; & make other improvements on the place, as rent for 2 years. Kino lived in what is now Fort Street. His house was destroyed by the new street.
Polly died before Pitman's first lease expired; and when the time was up, George Holmes & Hannah got the paper from Mills, because he did not behave well; and they made a fresh lease with Pitman. At that time, Hannah built Davies' store - she got the lot from Kinau for it, and then made a fence round the whole.
Pitman leased the whole. Brewer got a passage through Polly's land from Kinau where his gate on Fort Street now is. Hannah got the old road from Kinau because of her losses from the new street. I think the lane at the back of Pitman's store might have been about 4 fathoms wide. I saw the first lease by Polly to Pitman and that also from Hannah to Pitman. Polly lost the same breadth of land by the street as Hannah, but not the same length.
(By R.G. Davies) I always heard that Kino from the first lived under Polly. I cannot say for certain that the place occupied by Kona belonged to Polly before Mills enclosed it by Boki's permission. Kin's stick fence stood after that. I think Mills went to live with Boki in 1822 and soon after married Polly. I told John Ii when he was dividing the land, that we had a right to land on the Waititi side of Fort Street & I told the Governor so also. J.G. Lewis paid me some time ago for my rights in the estate. J.G. Lewis and myself talked about the land on the Waititi side of the street, but we were not at all confident of its being awarded to the heirs of Polly.
N.T. 138-141v10
No. 254 and 6201, J.D. Lewis, Honolulu, 1 April 1852 vs. R.G. Davis and others
John Ii, sworn, I have known clearly the boundaries of Pale's house lot.
Mauka by Hanare's lot, D. Reynold's lot
Waikiki by Old road, Capt. Snow's lot
Makai by Hana and George Homa's land
Ewa by George Hema's land, I. Neddles's land, Thompson's land.
It was during the time of their father, O. Holmes, and the reign of Kamehameha II in 1822, perhaps. They had a wooden fence. I had not heard Hana Homa or any one else had a claim there; however, I did see the building of the mud enclosure. Some parents were living under Pale and I had heard it was he, Pale, who helped them in their life there.
Soon after Pale's death when Hana and I were administering to the estate of Pale's heirs, Hana then, told me that the land where R.G. Davis store stands and the house just makai, occupied by B. Bikimana (Pittman) were hers, although, I have heard Pai had leased it to Pittman, however, this is not quite clear. It runs into Pale's lot. Pale's makai boundaries are close to the barber shop, then running directly to a slight curve and reaching the mortuary. I am one of the administrators of Pale's estate and I have seen this document on which Hana Homa and I have worked. All of the children have separated interest, but J. Lewis was the first to receive his claim on September 19, 1843. The remaining children did not receive anything at this time. When I.G. Lewis returned, Hana H. [Holmes] Jones gave him his land section on January 5, 1844 as specified in H.H. Jones' document. The remaining children did not receive any thing at this time. Hana had related to me that the side where R.G. Davis' store stands was for her and not for Homa (Holmes). R.G. Davis has lived there since that time to the present.
I am saying what I had known anciently and I believe that place is for Pale. I have seen part of that land used for the street in 1837 and 1838 when Upai's house was broken and Pale had give him a place for his house. Pale died before Upai and Napukana had completed repairing that house. They have a claim on the house although they have not received any proceeds for it. I have not known O. Holmes had a claim there, but it was Pale's wooden fence that surrounded the place. It is hearsay that is was his idea but I have never learned who had built the enclosure. Kekino lived in Pale's lot. According to ancient ways, Pale has a claim in that place on which the store of R.G. Davis is standing to the gate of Brewer because it runs into Pale's wooden enclosure and the boundaries were just as they are now. I have not heard that Kinau had given land, nor have I known about the lease between Hana Homa and B. Pitman and son, in 1839 and if this was so, it might have been by her cousins, probably.
John Needles, sworn, I had known Pale since the time she was down until her death and I have seen the boundaries which surrounded her place.
Mauka by Reynolds's lot, Mary Ii's lot
Waikiki by Brewer's lot, Old road
Makai by G. Homa's lot
Ewa by G. Homa's lot,S. Thompson's lot.
All of O. Holmes' children have interest in the place which has been enclosed with one enclosure, first it was enclosed with a wooden fence, later by a wall of mud. Pale's enclosures are not correct, they are curved; however, a wooden fence has separated Hana's place from Pale's place. I have not known how Pale had obtained her place, it may have been from her parents, perhaps. I have never known Hana to have had an interest there, but Pale had a claim without objections. I had known about these things because I had a government slaughter house near this place of R. G. Davis' store. The house which was for B. Pitman and Son, I believe was partially in Pale's wooden enclosure where as R.G. Davis's place did not run in there.
Hana Hupa, sworn (for R.G. Davis), I have known Pale from her infancy to her death. I have not seen the place on which she had worked, but her parents did work. O. Homa built a wooden enclosure and all of the children lived together under him. Hana married Lahaloa and their house was built immediately. Pale married and they lived separately (from the others), however, later there arose a dispute, so each built a round enclosure and was thus separated, one from the other. O. Homa's fence covered a large area surrounding on the outside and I cannot understand has [how] Pale's boundaries can reach to the place of R.G. Davis' store. I do not known about Pitman and Son's place which is in Pale's place. I had seen Kino living there under Hana and on her place but I did not see Hana evict him.
Lewis, sworn (for I.G. Lewis), I had known Pale during the reign of Kamehameha I, until she had died. I have lived with O. Holmes, he enclosed the lot, I know the original boundaries of Pale's lot in that Upai's house was in the cooper's enclosure, it did not get into the area of R.G. Davis's store. It had been a road at one time, I am not able to indicate where the old road was lying. I have not seen that Pale's fence ran into the enclosure that O. Homa had built, it was separated. Pale and her foreigner husband had built it. Kino went to live in Pale's place when he was evicted by Hana, I have lived there also with Kino under Pale. Their house was situated on the front side of Hardfield's store and of Pai's house.
G. Holmes, sworn, I am a child of Homa and I have known that Pale's place had been from our father - the place at the wells. It is not very certain, that Upai's adobe which is standing is in Pale's place and the place upon which R.G. Davis' and Bitman's store is standing is not in Pale's place. They had received this place at the time their lot was broken for a street. Hana had asked for a place from Kinau and received it. I had been present on the night that Pale had died and had heard her request to Hana. She was to have charge of all of her property, lest her husband Pale would sell it, and to take care of the children.
Gulick, - Did R.G. Davis and Birdick's store get into Pale's lot? No, that was a new place. The old road was in the back of the house which was occupied by Burdick and when the new road was broken, the Brewers merged their lot. Kino Pai, who allied B. Pitman and son to live there.
Thomas Cummins sworn: [no text]
S. Reynolds sworn: [no text]
[Award 254; R.P. 148; King St. Honolulu Kona; 1 ap.; .12 Ac.]