Kahoiwai v. Paakuku

Decision of

Allen, C.J.

This is a petition for partition of certain lands called Kaona-ulu, situate on the Island of Maui, and Kaluapalu, situate in Kalihi, on the Island of Oahu, and a Kuleana of land, situate in Wailuku, Island of Maui; and the complainants claim of and by virtue of a certain instrument in writing made by one *125Keaka on the 12th of February, 1850, who was the admitted owner of the property in question. The complainants allege that this instrument is anomalous in its character, partaking of the nature of a will and a deed of trust, which was afterwards, to wit, on the 15th day…