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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