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233
KANAE, SAMUELA
MAHELE BOOK 101-102(106-107)Relinquished:
, Makaka, ahllpllaa, Kall, HawaiiMokuhooniki, ahupllaa, Hilo, HawaiiKeopuka, ahupllaa, Kona, HawaiiKuailima, ili no Kailua Koolaupoko, Oahu
LCA 5116
Received:Aupokopoko, ahupuaa, Lahaina, MauiKiokapu, ili no Waikiki, Kona, Oahu
S. Kanae X his markS.P. Kalama, witness
Claim 5116NR 238.6: Lahaina, 19 Jan. 1848claims a houselot, location not specified, andAupokopoko at LahainaNT 414.10 is copy of Mahele BookNT 35.5Z. Kaauwai, witness: knows Kanae's land:Kiokapu in Waikiki and the houselot in Honolulu;Aupokopoko in Lahaina and the houselot, in four sections. These are
farming sections in Allpokopoko from Hoapili in 1835; no objections untilKanae's death in 1848.
The bdys. to the Lahaina lot are: Mauka and Olowalu: Kapaakea's land;makai, government road; Kaanapali, E. KUakamauna's land. .
Moehonua and a hapa haole [William Smith] have objected to the lot inHonolulu.These lots are for Kekaula, wife and heir of Kanae. The houselots on Oahuwere from Kanae's wives, PlIlehu and I, in 1837.
FT 152.7 "S. Kanae (is dead)"Z. Kaauwai, sworn. Knows the Clt. 's lands, they consist of an Hi of
land called Kiokapll in Waikiki and an ahupuaa in Lahaina called Aupokopoko,and one house lot in Lahaina also. Kiokapu and Aupokopoko he received fromthe King at the recent division. There are 7 land claimants living inKiokapu and 2 in Allpokopoko.
The Clt. had the house lot from Hoapili-kane in 1825 and his title hasnever been disputed. He died in 1848. He left a widow named Kekaula andone daughter.
He has a houselot also in Honolulu. He reed. this from his wives[Pulehu and I] in olden times, in 1837, and he has held it but not withoutdispute. William Smith [the hapa haole of NT 35.5 above] disputed histitle to this lot and so does Moehonua.
The houselot at Lahaina is bounded...! don't know the bounds of thehouse lot in Honolulu but it is the one near Dr. Wood's, claimed by WilliamSmith. "See P. 31 V 15"
FT 32.15 S. Kanae (Deceased) from P. 152.7:[Kekaula] The widow of Clt. presented the following Certificate ofDivision:
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No Samuela KanaeAupokopoko, ahupuaa, Lahaina, MauiKiokapu, Hi no Waikiki, Kona, Oahu
E hookomo i ka Hoona KuleanaSgd. S.P. Kalama Hale Alii, 2/7/1848 See P. 33
FT 33.15: Hauola, sworn, says he knows the houselot in dispute betweenKanae and Kaolulo [Panaewa, in Lahaina]. This place was occupied by Kanaefrom the time of Nahienaena up to the time of his death, about 1848. Kanaebuilt the house. Got it in time of Hoapili, and rented it out to someforeigners. Kanae's first wife got the place from her brother Kaolulo,deceased, and when she died it came to Kanae and now belongs to his heirs.(Decided in favor of S. Kanae).LCA 5116
(RP 1871) Aupokopoko, Lahaina 6.58 acres/l ap(Aw. Bk. 9:298; Indices 234)
(RP 1833) Panaewa, Lahaina 12 rodsll ap.(Aw. Bk.lO: 122; Indices 234)
159: Samuel Kanae was a witness in the Charlton Case, Nov. 13, 1845.States he is from Maui; "am 55 years old."
"While Karaimoku was at Kauai I served him as his Secretary; was withKaraimoku on Kauai from July, 1824, to January, l825...After Karaimoku'sreturn to Oahu I was sent to live with the King, and Karuilu [7] didKaraimoku's writing. "
Kanae became a judge in Kula, MauL
PROBATE A60 (2nd CC 1874). Will of S. Kanae shows Kiokapu at Waikiki and Aupokopoko at Lahaina,besides a land from Kanaina--Kapoino at Waiehu, Maui--and variousarticles. Devised property to Kekaula, his wife at the time of his death,and says that everything was to go to her, unless she does wrong (i hewaoia), in which case his estate was to go to his little daughter [unnamed]and his son Kumalaa.Witnesses: H. Kuihelani and A. Kaunui. Sept. 26, 1848.
Decided in court proceedings that the daughter above was Lanikeha, wifeof Landford. Court awarded to the heirs of Kumalaa, k., and Lanikeha, w.,in 1875. Appealed by Keapo, w. and husband [7] Manukeokeo, but no paperson file of their argument.
Circuit Court upholds decision, saying, "We are of the opinion thatalthough the will was made at the time when there was no land tenure exceptat the will and caprice of the chief and it is inapplicable to the presentorder of things, yet it means something:
.. And if it left the land to Kekaula the widow of the decedent, till shewas hewa, and there is no proof that she was hewa and so could be disposedby the chief [sic; king], she was to use and enjoy it so long as she livedas in fact she did. The claim that it was an absolute devise to her andher heirs is inconsistent with the naming of other heirs in the will."
Judgement of the Circuit Judge confirmed. Wailuku, June 8, 1875.
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PROBATE 962 (2nd CC) KanaeTestimony given that POlipOUwas Kanae's wife; they had an adopted son,
Kuml,llaa, who married Paepaeand had a daughter with her named Pokii.Paepae's father was Keawe. Other witnessessay that Kekaula was the wifeof Kanae {which shewas at time of his death].