Ka Wai Ola - Office of Hawaiian Affairs, Volume 8, Number 4, 1 ʻApelila 1991 — NHLC seeks Kahana, Maui hui heirs [ARTICLE+ILLUSTRATION]

NHLC seeks Kahana, Maui hui heirs

by Melody K. MacKenzie Special to Ka Wai Ola O OHA The beautiful ahupua'a of Kahana on the island of Maui was onee owned by a hui of 62 native Hawaiians. They all had an undivided interest in the East Maui ahupua'a. Over the years, hui members and their heirs sold their interests to members of the Baldwin family or to Baldwin Packers, whieh eventually became Maui Land and Pineapple Co. Maui Land and Pine, however, did not receive all of the interests to the valley. In a complex condemnation quiet title lawsuit completed last year, Judge McConnell of the Second Circuit Court held that 50 acres of Kahana still belonged to 11 named Hawaiian families and the unknown heirs of certain named Hawaiians. The judgment eame about as a result of a decadelong struggle by the Hawaiian families. Almost all of these families were represented by the Native Hawaiian Legal Corporation through the Land Title Project funded by the Office of Hawaiian Affairs. The Land Title Project was specifically set up to aid Hawaiians in defending their titles to family lands. The families involved in the lawsuit formed the Kahana Hui Land Trust to take title to the property. A iand trust is a legal entity thatcan hold title to real property while the individual family members retain a beneficial interest. lt is an especially helpful device for Hawaiians when dealing with a large number of family members because it ean provide a way to make decisions about the land . In this instance , the T rustees of the Kahana Hui Land Trust decided it would be best for their families to sell the 50-acre parcel. A majority of the beneficiaries approved the decision to sell the parcel and the sale was recently completed. As part of the judgment in the lawsuit, the court recognized that heirs of certain native Hawaiians still had an interest in the land. No heirs of those Hawaiians had eome forward to elaim that interest in the lawsuit. Upon NHLC's request, the court

set aside the equivalent of 7.15 acres of the 50 acres for these unknown heirs. The court subsequently approved a sale of the interest of the unknown heirs and ordered that the proceeds of the sale be held by NHLC in an interest-bearing trust account. NHLC holds over $700,000 in trust for the unknown heirs. The unknown heirs have until April 5, 1993 to make elaim to these funds. Three months after that date, the court will hold a hearing to determine the heirs and distribute the funds. NHLC is looking for the following heirs: Heirs of Uilama Kaukau (kane) The original hui member, Huali'i, conveyed his share to Uilama Kaukau and Mahiole. Mahiole conveyed his interest, but Uilama Kaukau's interest was never conveyed. No conveyances, marriage, death, probate ordetermination of heirs have been found under the name Uilama Kaukau. Heirs of Kumu (wahine)

The original hui member, J.Y. Kanehoa, died in 1876, leaving his interest in the hui lands to his servant Kumu (wahine). No conveyances, death record, probate or determination of heirs have been found for Kumu. Heirs of Lu'ukia Kalawaia also known as Lu'ukia Hali (wahine) The original hui member, P. Kalawaia, died in 1876, without ever conveying his share in Kahana. In probate No. 829, Estate of Kalawaia, the court determined that Kalawaia's widow, Kahuhu would receive a one-third interest in his property, and that his daughter, Lu'ukia Kalawaia (married to Hali), would receive a two-thirds interest in his property. Kahuhu conveyed out her one-third interest. No conveyances, probate or determination of heirs have been found under the name of Lu'ukia Kalawaia or Lu'ukia Hali. There is a death certificate for Lu'ukia Hali dated November 28, 1900 at Kalaupapa. Heirs of Kalawali (kane); Heirs of Hoalani Keahe (wahine); Heirs of Ka'ahanui Li'ili'i Waha The original hui member, Pilahaka, died intestate and without issue. His property passed to his mother, Keakaku. Keakaku died without issue and her property passed to her brother, Luluhi (k). Luluhi's estate was probated in 1873, and the court determined that Luluhi had three children, Kaoni (w), Kalawaia (k), and Kaoniopio (w). Eaeh of these children also had children. Kaoni had Ka'ahanui (w); Kalawaia had Kalawali (k) and Hoalani (wahine married to Keahe); and Kaoniopio had Ka'ahanui Li'ili'i Waha. The court determined that every set of grandchildren got a one-third undivided interest in Luluhi's estate. Ka'ahanui subsequently conveyed her one-third interest but there are no conveyance for the remaining interests of Kalawali, Hoalani Keahi, and Ka'ahanui Li'ili'i Waha.

If you believe you are an heir of one of these persons, or have knowledge of the heirs, please contact NHLC paralegal Douglas Tolentino at 521-2302. Have as mueh information as possible on your genealogy. NHLC will present all valid claims to the court for approval.

OHA Trustees Moses Keale and Abraham Aiona hold a eheek for $702,909.16 for the unknown Kahana Hui heirs. NHLC's grant

from OHA for the Land Title Project supported the efforts of 11 Hawaiian families in clearing title to 50 acres in Kahana, Kaanapali, Maui.