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HOLMES,GEORGE[son of Oliver Holmes; family inherited lands]
LCA 8504
MAHELEBOOK 142-143 (148-149)Relinquished:
Kuliula,ahupuaa,MolokaiMakeanehu,ahupuaa,
Kohala,HawaiiHaukalua,ahupuaa,Kona, Hawaii
Received:Kumuulu,ili i Kapalama,Oahu
(Signed): George Holmes
Claim 8504FR 18.3 Feb. 11, 1848: claims land called Kumuulu at
(Ka)Palama,
Oahu; given to Oliver Holmes by Kamehameha I "35 or 40 years
ago." Atdeath of father Oliver in 1825 it fell to me.
FT 293.3 August -- 1848:Kaiwiaoao knows this land called
"Kumuulu" in Kapalama, in 3 pieces:1. mauka piece: 10 or more kalo
patches and a houselot having one houseoccupied by me2. 8
kalopatches .3. makai lot, 1 kalo patch and a house
CIt's. parents got this land from Kamehameha I and they have
possessedit ever since. There is no counter claimant except for
Ohule who hasalready got an Award for a part of the mauka l~t No.1.
Kama confirms.
NT 664.3 August 23, 1850Kaiwiaoao, witness: am familiar with
Kumuulu in Kapalama; 3 sections:
[as above, FT 293.3]LCA 8504
(RP 683) Kumulu, Kapalama, Oahu 4.60 acres 1 apana(Aw. Bk.
2:885; Indices 316)
(RP 684) Kapalama 2.54 acres, 2 apana(Aw. Bk. 2:885: Indices
316)
Claim 4030 "Not Awarded" (Numerical Index of Awards)FR 174.2,
Feb. 19, 1848:... "In behalf of the Heirs of the late Oliver
Holmes, I make the foJlowing Claim to a land on island of
Molokai, calledKuliula, which was given the late O. Holmes by
Kamehameha Ist and is now inpossession of George Holmes, son of
said Oliver Holmes deceased. It hasnot been surveyed." Signed
Robert G. [Grimes] Davis.
Claim 1045NR 606.2 GeorgeHolmesclaimshouseloton King St.~
Honolulu:At the time Kamehameha I went back to Hawaii [1812] he
appointed my
father [Oliver Holmes] to arrange settlements of disputes
(ho'onoho eho'oponopono i na mea hihia); my father built a house
and made a wall atthis vacant place and lived there. When he died I
stayed on.
FT 293.3 Kaiviaoao [sic], sworn. I know this house lot in
Honolulu; itis fenced, having 6 houses on it, and bounded mauka by
land of Isaiah Lewis[KIA Aikake Lui]; Waititi Mr. Brown's; makai
the street; Ewa by lanerunning through to the other street.
Claimant derived from his parents whogot it in time of Kamehameha
I. "Continued P. 311"
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FT 311.3 captioned Cl. No. 254 [Charlotte Holmes]Counter 1045
[Geo. Holmes] November 18, 1850
Stephen Reynolds, sWorn. I knew Oliver Holmes ever since the
year1811. His children now living are George and Charlotte Holmes.
I know theland claimed by George Holmes in Honolulu. Oliver Holmes
I know was inpossession of this land from 1811 until his death in
1824 or 1825. (Onwitness being shown Mr. Turner's survey of the
land, recognized it as beingthat 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 b~n occupied by
Mrs.Bancroft [Mary HoJmes (Conant) Bancroft, dec ], Mrs. Spear
[Jane/JennieHolmes Spear, dec ], and George Holmes, heirs of Oliver
Holmes subsequentto his death.
I always understood that Oliver Holmes got the lot from
Kamehameha 1.Holmes was an assistant to the Governor of Oahu for a
long time. Holmesdid not get the land through his wife. I have
heard George Holmes admitthe rights of some of the heirs, but he
denied that Charlotte Holmes hadany claim to this land, saying that
she had a house lot elsewhere. GeorgeHolmes, Charlotte Holmes, the
heir of Mrs. Bancroft, and the heirs of Mrs.Spear are the claimants
jointly to this land.
Oliver Holmes died without leaving a will. I am positive he did
notderive the land through his wife. I recollect there was a wall
put up onthe side of the lot next Ewa to divide the lot. The
portion next Ewa wasdesignated by George Holmes as Mrs. Hardwick's
portion [Helen Hardwick,daughter of Mary Holmes Bancroft] and the
next part on Waititi side of thewall was occupied by Mr. Spear and
his wife about 1833 or 1834. GeorgeHolmes afterwards caused the
wall to be removed, thereby taking in all thelot into one. Mrs.
Hardwick and Mrs. Spear had about 1/2 of the lot. Fromall I know of
this Claim I consider that Charlotte Holmes is justlyentitled to
one quarter of the lot. George Holmes has possessed the lotfor some
time but not undisputed. He has pretended to hold all the lotsince
about 1840. I held Mr. Spear's power of attorney, under which
Idisputed that part of the claim which belongs to Mrs. Spear's
heirs, sinceGeorge Holmes leased a part of this land to Mr. Nadal
and Nadal was aboutto erect his house on it. I and R.G. Davies
[sic; Davis] went together toNadal and cautioned him not to build
on the land as it was in dispute. Ithink this was in 1848. The wall
spoken of as having been removed byGeorge Holmes was removed about
the time Nadal erected his house. I thinkit was takendown after Mr.
Davies[sic; Davis]and I had forbiddentheerection of the house on
the land.
T.C.B. Rooke, sworn: I have heard Mr. Reynolds' testimony and
Iknow the greater part of it to be correct. When I first knew the
family in1829 George Holmes occupied a store house and grass house
adjoining whichstood on the Waititi part of the lot. Soon after
1830 perhaps Mr. Spearenclosed his wife's part of the lot with a
slat fence. This I know becauseI was daily in his house. He after
built a cook house upon it. The fencewas about the centre of the
lot. Charlotte and Mary had a house on the Ewapart of the lot.
Their mother had a house on the mauka part. Inconversation with the
family, I understood that the division thenrecognized among them
was intended to be observed by the several heirs. Ihave always
heard from old Mr. Young and others that Oliver Holmes got theland
from KamehamehaI. MaryI s part of the lot was offered to me on
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mortgage by Hardwick [her son-in-law] in 1842. I remember an
adobie wallbeing built between Mary's part of the lot and that of
Spear.
George Woods sworn: I know Charlotte Holmes. I have known
thefamily since 1825. I know the lot in question. I always
understood thatOliver Holmes got the land from Kamehameha I. I know
the four childrenspoken of by Mr. Reynolds to have been heirs of
Oliver Holmes. After theirfather's death the children all lived on
the land claimed.
Wm. Sumner sworn: I know the 4 children of Oliver Holmes spoken
ofby the foregoing witnesses to have lived on the lot in question.
Justafter Helen [Bancroft, daughter of Mary] was married to
Hardwick Iunderstood from her that George Holmes objected to her
building the adobiewall on the lot because she had married a
foreigner; but he afterwards gavehis consent, and the wall was
finished before she left for the UnitedStates.
Claim 1045 George Holmes, counterG.H. Brown sworn: In conversing
with George Holmes about the house
lot in dispute he has told me several times that if Robert
(Robert GrimesDavis] would let him alone, he would give him the
part of the land which hewanted as it belonged to Mrs. Davies
[Davis'] mother Charlotte Holmes. Atother times he has told me that
the lot on which he lives belonged notsolely to him, but that other
members of the family had rights in it. Oneof these conversations
took place in Mayor June last across the fencebetween our lots.
Cl. 254 C. [Charlotte] Holmes continued 22 November
[1850]Kaneulupo sworn: I know the house lot of [Oliver] Holmes; he
got
the land from Kamehameha I and lived there to his death. When he
died, heleft all his movable property to George and all the land he
got from theking. His widow had a part of the property, and then
she died. George wasHolmes' favorite child. Holmes did not make a
written will--it was notthencustomaryto write them. . -
Poomoa sworn. I know this lot. Holmes got it from Kaniehameha
Iand occupied it till his death. Holmes died in an adobie house on
the lotin question. I formerly lived with Holmes. When Holmes was
dying he saidto George "When I die, all my property will be yours
and my widow willoccupy 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 exceptGeorge.
Haui sworn. I know the lot of Holmes--he got it from
KamehamehaI. When Holmes died .he left all his property to George,
and his widow wasto live on the land under George. I did not
understand that the otherchildren were to have any part of the
land.
Opunui sworn. I know this land. I knew Mahi the mother of
GeorgeHolmes. He also knew some of Holmes' children who lived on
the land.
George Holmes presented the Will of his mother and filed it
withthe Board; which follows: [Hawaiian text of Will. Gist: leaves
herproperty to her son George Holmes and to his heirs after
him.]
Signed Mahi X her cross. Witnessed.
Claim continued 23 November [1850]:T.C.B. Rooke sworn. Oliver
Holmes died before I arrived here.
I have heard the children of Mr. Holmes, all except George, talk
about
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their father's estate previous to the Land Commission. I have
never heardfrom anyone that Mr. Holmes made a will. I remember
there was a differenceof opinion whether George or Hannah had
charge of the property, or was headof the family. I was on intimate
terms with all the family.
Stephen Reynolds sworn. I have always been in opposition to
Georgebecause he wished to exclude Charlotte from any share of her
father'sproperty. When I cautioned Nadal not to build, Mr. Barker
heard theconversation. I have never heard from any of the family
that Holmes made awill. I saw him a few days before he died or the
same morning when he waslying sick in a grass house on the
premises; I think he died in theafternoon. I was at the house the
same evening; he was laid out in thesame house where he was
sick.
It was customary in those days when any man of note was dying,
for allthe natives who were dependants to enter the house and if
any will was madeit was generally talked about. I talked with the
natives in the house thesame evening, but no mention was made of a
will. Mr. Hammet who washusband of Charlotte was present when
Holmes died, and I have often heardhim say that he left no will.
There were otherportionsof Holmes' .property which were set off for
some of his children before his death. Ihave never heard George say
that he claimed the property under a will ofhis father. I knew many
of the people who lived with Mr. Holmes. Five orsix years ago or
more, one of his dependants called to see me and said thatwhen he
died there would be none of Mr. Holmes' people left. I have notseen
any of them for a long time. I have heard from Charlotte long
beforethe Commission that her father left no will.
John Meek sworn. I was intimately acquainted with Oliver
Holmesand his children. I have heard them talk about their father's
estate. Iremember Mrs. Spear living there and have heard him [Mr.
Spear] inCalifornia speak of building on his wife's part of the
lot. Mr. Holmesdied in a grass house on the Ewa side of the lot in
question. I knew allhis dependants. I have not seen any of them for
some time. I think Ishould know any of them if I saw them. I
believe they are all dead. Ihave never heard any of the children
speak of a will being made by theirfather. If there hadbeen any, I
think I shouldhave knownit. .
Kaneulupo sworn. When Liholiho's remains were brought home
[1825]I was on Hawaii. My house in Honolulu was maIaUof Shillaber's
house; thatlot was Wahinemaikai's. When Holmes was sick I went to
his place to stopon account of his trouble. I think he died before
Liholiho's body arrived[May 1825] but am not certain of it. I was
not here when the King wasburied; Holmes died after I returned from
Hawaii; I went to him to live forfriendship. I had to do what he
told me. I was born soon after the battleof Nuuanu. Holmes had the
delirium tremens some time before his death;this was perhaps a
month before. I think he died of it. I heard him speakof his
property when he was in good health. He said all his land
andpersonal property was to go to George. Before his last sickness
I heardHolmes will the lot in dispute to George, and his mother was
to live underhim and a part of the land was given to Hannah, and a
part to Charlotte.This part of CharlotteI s land adjoinsPaki's
landon the maukaside; it isnow occupiedby [KIA] R.G. Davis [her
son]. I have heard this is the placegiven by Holmes to Charlotte.
Mahi, the mother of George HO,lmes,and .
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witnesses were present when Holmes willed his property. Keaka,
who isdead, was present. Hannah and George were there. Charlotte
was young atthe time and then had no husband. She was not pregnant
when Holmes died.Poomoa was one of the persons present at his
death. Haui was present whenHolmes made his will and I think when
he died.
I never knew Spear and his wife to live on the lot. Spear never
livedthere before Holmes' death. Charlotte and Jane lived after
their father'sdeath in the lot occupied now by R.G. Davis. I think
Mary lived sometimesin Hannah's and sometimes in Charlotte's. I do
not know where Mary died,nor where Jane died. I went to Hawaii and
lived there a long time.
Poomoa sworn. I am a native of Kona, Hawaii; I lived here
about1822. Liholiho had not gone to England at the time. Naihe was
my chief.When Liholiho's remains came from England Holmes was dead.
I helped tobury him. I know the names of Holmes' children: Hannah,
George, Polly,Charlotte, Mary, and Jane.
After Holmes' death, Hannah lived where her house is. Charlotte
livedwhere R.G. Davis is, and Mary and Jane were going to and fro
between thisplace and California. When Mary and Jane were here they
lived sometimes atHannah's and Charlotte's, alternately, but not
under George. Holmes haddelirium tremens when he died in the grass
house. George and his motherand several natives were there when
Holmes willed his property; this was inthe adobie house; there were
some old men also present--Kaiwiaoao, Kama,and a woman who is dead.
This was the nature of Holmes' word to Georgebefore his death--that
all the land he got from the king and all hismovable property--to
George, subject to the dower of his mother. I do notknow that Spear
or his wife ever lived on the lot in question, or that theyever
built any fence on it. I do not know any fence dividing the
lot,'except what separates Hannah's lot from Polly's.
Haui sworn. I am a nativeof Oahuand have lived in
Honolulu[since]before the sailingof Liholiho. Manini[Marin]was my
chief. Hewent to live with Holmeswhenhe was sick; he was sick in
the adobie houseand died in the grasshouse. I went then to assistby
order of Manini.Georgedid not ask me to come here and give
testimony. It was Ehu. Heasked me to do so about the houselot. I
have not talkedwith Georgeabouthis father's will. I amjust
returnedfrom Hawaii. Holmeshad deliriumtremensbefore his death. I
have heardhim talk to Georgeabout thepropertywhile he had the
shakes. I went to live with him whenhe wassick. Holmeshad the
shakesafter I went there. Mahi and Georgewerepresentat the time.
Holmeswilled the propertyto George. I do not knowMr. Spear, nor
whetherMrs. Spearwas marriedwhenHolmesdied.
Kaiwi sworn. I built the adobiewall dividingMary's part of
thelot. I was employedby Mr. Hardwickand her husband[Bancroft]to
erectthe wall. GeorgeHolmeswas livingon the otherpart of the lot at
thetime the wall wasbuilt. I knowthat Spearand his wife [Jane]lived
onthe side nextWaititi. Jane livednearthe centerof the lot. Mr.
Spearbuilt a grass houseon it. They used the cookhouse. I lived
maukaofHonoluluat the timeof Holmes' death. I knowGeorgetook down
the adobiewall.
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Kaiwiaoao sworn. I know the Holmes lot. It belonged originally
toKamehameha I who gave it to Holmes. I am one of Holmes' people. I
heardhis will. He lived in the adobie house and died in the grass
house. Whenhe made his will he was not very sick. He left the
property to George andalso the movable property and the lands. Mahi
was to live under George andwith him. I know they after lived
together on the lot. The otherchildren, Mary, Jane, and some one
else [polly?] lived at times on theplace under their mother. I know
at one time when the children lived onthe lot it was divided by
fences into several pieces. Charlotte got herpiece through her
husband Hammett. The title is George's and not thechildren Is. When
Holmes made his will Charlotte and George and I werepresent; there
were others there, but they are all dead..
Kama, sworn. I knowthis lot. I live on G. Holmes' land. I knowO.
Holmesleft all his land to George; he was to be headof the
family;his motherwas to occupyunder him. Jane and Mary livedon the
land attimesafter the deathof their father. Georgehad a houseon the
lot andSpearand his wife lived on it.
26th [November 1850]John Flandreau, sworn. About 3 yearsago, Mr.
Hardwickand George
Holmes were in the national house, and they were talking about
someproperty in Honolulu. Mr. Hardwick asked Holmes if a part of
the propertydid not belong to Mrs. Hardwick. Mr. Holmes said Yes, a
part does belongto her. Hardwick at the time asked me to bear it in
mind (what GeorgeHolmes had said).
Awards Book 3:92:Claims
1045 George Holmes254 Charlotte Holmes1273 Helen Hardwick
..1273-B William D. Spear"The above claims are for a piece of land
situated in King St.,
Honolulu, Oahu, and is claimed entire by the first claimant on
the list,George Holmes, and in parts, by the other three Claimants
whoserepresentatives before the Board are Mr. R.G. Davies [sic;
read RobertGrimes Davis] and William Hardwick [husband of Helen,
daughter of MaryHolmes]; the last, W. D. Spear, an orphan son of
Parents [JaneHolmes/Spear] deceased abroad, having been admitted by
the Board as aclaimant whose rights ought not to be prejudiced by
the peculiar conditionof his unrepresented situation. All the
claimants are descendants ofOliver Holmes, an American Citizen who
arrived at these Islands in the year1798, by an Hawaiian woman
named Mahi.
"It appears also from the Testimony on record that the lot now
indispute by the Claimants was originally obtained by Oliver Holmes
about theyear 1811from Kamehameha I for consideration of services
and friendshipand that he retained the possession of the same in
peace until he died in1825 or 1826 [August 6,1825 (Marin
Journal)].
"The first two Claimants [George and Charlotte] are his only
childrennow living; Helen Hardwick being the daughter of another of
his children,Mary Holmes, deceased; and the last Claimant W. D.
Spear a son of JaneHolmes, daughter of O. Holmes, also
deceased.
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"It appears from the evidence received, which is of
considerableextent, that all these claimants, as descendants of
Oliver Holmes, havelived upon the lot in question, the last, Spear
and his Parents--and thatthey have never abandoned their separate
rights therein, during theirabsence, occasioned by circumstances
requiring removal.
"Without entering into a detail of the litigated points embraced
in therecorded testimony before the Board, we are of the opinion
that all thepresent claimants have rights in the contested lot in
question; and weaccordingly award to each of them...a freehold
title less than allodialwhich they may commute for a fee simple
title as prescribed by law to thedivision of the land claimed; and
as particularly described in the metesand bounds of the several
lots now awarded by the accompanying surveys ofA.F. Turner dated 27
December 1850 and apportioned to each claimant aftermature
deliberation by this Board.
To George Holmes: 407 fathoms [LCA 1045]To Will!am D. Spear 115
fathoms 30 feet [LCA 1273-B]To Charlotte Holmes 151 fathoms 29 feet
[LCA 254]To Helen Hardwick 129 fathoms 4 sq. ft.[LCA 1273]"
(Aw. Bk. 3:92; Indices 666-667)Above four lots adjacent, mauka
side of King St. between Fort and
Nuuann Streets. Greer Map.
601: GEORGEHOLMESma; see alsoK/As R.G. Davis, and the two Lui,
Aikakeand Keo (Isaiahand John Lewis), grandsonsof
OliverHolmesthroughhisdaughterPolly HolmesLewis
from varioussources:Oliver Holmes Mahi Kalanihooulumoku
Hannah
GeorgePollyCharlotteMaryJane
Hannah Holmes Wm. Heath Davis KIA Robt. Grimes DavisWm. Heath
Davis, Jr.
Hannah Holmes John Coffin Jones, Jr. Elizabeth Jones
George Holmes ? ?
Polly Holmes Capt. Isaiah Lewis John LewisIsaac (KIA Aikake
Lui)John G. (K/A Keo Lui)
Polly Holmes ----Mills "Palu" William MillsPolly Holmes
Washington Crocker Thomas CrockerPolly Holmes George Colman nj.
Charlotte Holmes Capt. HammettlHammatt Harriet Hammett
Mary Holmes Capt. Bancroft Helen Bancroft----Hardwick Helen
Bancroft ?
Jane Holmes Nathan Spear Wm. Spear