We, the Hawaiian beneficiaries and our local supporters, stand united through this petition to CALL FOR a FULL INVESTIGATION into Kamehameha Schools’ land acquisitions and whether their actions align with the original intent of the Will that established them.
We petition for a judicial inquiry into the land titles and trusteeship of the Keauhou 2 lands, as well as ALL other properties held by Kamehameha Schools/Bishop Estate, to determine whether these lands were lawfully acquired.
We further request a full forensic trust accounting, including trustee salaries, all income, disbursements, and expenditures, to assess compliance with the terms and original intent of the Last Will and Testament of Bernice Pauahi Bishop, who established Kamehameha Schools SOLELY for the education of the Hawaiian people.
I. INTRODUCTION & PURPOSE
It’s time to honor the truth and set things right. We the undersigned Hawaiian residentsand local supporters hereby petition for a full and transparent investigation into allproperties currently held/managed by Kamehameha Schools, with particular focus onthe Keauhou 2 land slated for a 150-room “bungalow” resort development
https://www.ksbe.edu/keauhou-bay
We seek to establish rightful land ownership in alignment with legal, historical, andfiduciary responsibilities. We petition for a comprehensive investigation into whetherKamehameha Schools have upheld the directives of Bernice Pauahi Bishop’s Willthroughout the 141 years of trust stewardship.
Given Kamehameha Schools' intent to develop Keauhou Bay into a bungalow resort,was the acquisition of Keauhou 2 land carried out legally?
According to the Hawai‘i Revised Statutes, land is to be inherited by the descendants ofthe original landowner.
• §5328 Kindred of Half-blood “all those who are not of the blood of the ancestor,shall be excluded from such inheritance.”
capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0532/HRS_0532-0008.htm
• §560:2-101 Intestate estate. (a) Any part of a decedent's estate not effectivelydisposed of by will passes by intestate succession to the decedent's heirs asprescribed in this chapter, except as modified by the decedent's will.
https://law.justia.com/codes/hawaii/title-30a/chapter-560/section-560-2-101-to-560-2-
• §17211 Land Patents from Land Commission Awards “the title to the real estatethereby granted has been alienated; and all land patents so issued shall inure tothe benefit of the heirs and assigns of the holder of the original award.” HawaiiRevised Statutes Division
Government § 172-11 | FindLaw and
https://law.justia.com/codes/hawaii/title-12/chapter-172/section-172-11/
• Indices of Awards page 1226 shows Keauhou 2 Land belonging to KingKamehameha V
https://evols.library.manoa.hawaii.edu/server/api/core/bitstreams/25986931-db86-
433a-8648-9d50e3ec0901/content
• Waihona.com shows Kapuāiwa, Lota Kamehameha V was awarded Keauhou#07715*H,
https://www.waihona.com/maheleSearch.asp?type=search&claimant=Lota&lca=&tex
t=&island=&district=&ahupuaa=&ili=
• King Lota Kamehameha V holds the Original Royal Patent No. 7844 for Keauhou2 land. In those days, people were killed/murdered for their land. King KamehamehaV had to disown his daughter, Keanolani, most likely for her safety, because it lookslike they wanted to end his line. The internet says he had no children, and this is NOTTRUE. This MUST be made RIGHT.
https://kipukadatabase.com/Docs/RPG/7844.pdf
• In 1893, the Hawaiian Kingdom was illegally overthrown by American andEuropean businessmen with U.S. military support. This led to the illegalannexation of Hawaii in 1898. While not a violent war, the takeover was a politicalcoup that stripped Native Hawaiians of sovereignty and land.
• Following annexation in 1898, massive lands—like the entire island of Lānaʻi—were sold to foreigners (e.g., Jim Dole), often displacing Native Hawaiians whodidn’t hold formal documentation. This was ILLEGAL.
• It was profoundly unjust for the United States to claim Hawai‘i through legaldocuments, knowing that Native Hawaiians—whose connection to the landspanned centuries—had no tradition of paper land deeds. This land was neverAmerica’s to take; it rightfully belonged to the Hawaiian Kingdom and its people byancestry, cultural inheritance, and generations of stewardship.
• Today, Native Hawaiians are overrepresented among the homeless andunderrepresented in land ownership. These outcomes are rooted in historicaltrauma and systemic inequality.
• Sara Goo’s book Kuleana
https://www.goodreads.com/book/show/217388255-
and
https://www.amazon.com/Kuleana-Story-Family-Legacy-
documents how descendants of native landowners wererepeatedly forced off land after the Great Māhele. Over time, land was unlawfullytaken by sugar and real estate corporations, putting the remaining Hawaiian-heldlands at serious risk. Reports show that these threats to Hawaiian land ownershipcontinue today. This injustice must be acknowledged, taken seriously, and brought toan end.
• King Kamehameha V had two daughters, of whom was Keanolani, whose legacydeserves recognition. Historically, the King was compelled to publicly refrain fromacknowledging his daughter—an action many believe was taken to safeguard her life.Although never formally recognized, Keanolani was widely understood to be thedaughter of Kamehameha V. As such, she and her descendants are the rightful heirs tosubstantial portions of the Keauhou 2 lands and other properties throughout Hawai‘i,originally held by her father.
Today, Wikipedia claims Keanolani as King Kamehameha V’s daughter.
https://en.wikipedia.org/wiki/Keanolani
• Keanolani was born in 1847 to Abigail Maheha, a 13-year-old student at the Chiefs’Children’s School. At the time, she was hastily married to a commoner namedKeaupuni, likely to cover up an unexpected pregnancy.
• Through researching, I read that in
RootsMagic’s Ali‘iTree project, cites Pukui’s Hawaiian Genealogies and notes that Maheha wasremoved from the Chiefs’ Children’s School after becoming pregnant by LotKapuāiwa. The child, Keanolani, was said to be a “perfect image of him.” While thisisn’t a court record, it reflects the oral history and genealogical consensus passeddown through trusted sources.
• Two royal students at Abigail Maheha school: Moses Kekūāiwa and Lot Kapuāiwa(later Kamehameha V). Moses had been expelled just before Maheha, making Lot themore likely candidate. Many believe the timing and proximity point to Lot as thefather.
• Keanolani was raised by Princess Ruth Keʻelikōlani, Kamehameha V’s half-sister,which shows a quiet acknowledgment of her royal bloodline.
• “Lot had also financially supported Maheha's husband Keaupuni. The entriesfrom the period after September 1, 1845, were also torn out of Lot's schooljournal.” Deliberately concealing the identity of King Kamehameha V’s daughterwas crucial to ending his line and claiming his lands; this needs to be made right!
• Keanolani is identified in Wikipedia
https://en.wikipedia.org/wiki/Keanolani
as theillegitimate daughter of Abigail Maheha and King Kamehameha V: 'She was theillegitimate daughter of Abigail Maheha and King Kamehameha V…'
• Also, Ancestors.familysearch.org lists her under the Kamehameha surname whilealso describing her “...as the daughter of Keaupuni…”, highlighting conflictingaccounts of her paternity
https://ancestors.familysearch.org/en/LS6D-KTC/keanolanikamehameha-
.
• King Kamehameha V did not disown Keanolani in any personal or formalcapacity. Rather, legal definitions of legitimacy at the time barred her publicrecognition. Given the illegal annexation of Hawai‘i it is time to acknowledgeKeanolani Kamehameha, and Sarah Kapamaikela Makahilahila Kamehamehaare the rightful daughters and heirs of King Kamehameha V and Keauhou 2 land,as well as many other lands, through §5328 Kindred of Half-blood, §560:2-101Intestate estate, and §17211 Land Patents from Land Commission Awards.
• Sarah Kapamaikela Makahilahila Kamehameha was the daughter of KingKamehameha V, “born in 1868, in 'Ula'ino, Maui, Hawaii, United States, her father,Moʻi Lota Kapuāiwa Kalanimakua Aliʻiōlani KalanikupuapaʻīkalaninuiKamehameha V, was 38 and her mother, Malia Nika Pilihale, was 14...” She had atleast 2 sons and 3 daughters.” She is also the legal heir to Kamehameha V line.
https://ancestors.familysearch.org/en/KWJC-386/sarah-kapamaikela-makahilahilakamehameha-
• Kamehameha Schools Financial Report is a brochure and NOT a completefinancial report. It shows absolute NO breakdowns in spending or profits. We petitionfor a Trust Account to be fully completed.
This annual report is incomplete:
https://www.ksbe.edu/assets/annual_report/KS-Annual-Report-2024.pdf
The Will clearly states they, “ shall annually make a full and complete report ofall receipts and expenditures, and of the condition of said schools to the ChiefJustice of the Supreme Court, or other highest judicial officer in this country; andshall also file before him annually an inventory of the property in their hands andhow invested, and to publish the same in some Newspaper published in saidHonolulu.”
https://www.ksbe.edu/about-us/about-pauahi/will
• Lack of Salary Transparency: Their financial report does not provide anybreakdowns of their salaries or bonuses, or anything.
• Missing Realty Details: Their financial report does not include any informationabout their realty company, which is only supposed to “steward” the HawaiianEndowed lands, and there is no information on their operations in their reports.
• We petition for a complete financial report/trust account with salary informationto be completed, which is also to be published in Newspapers yearly, per BernicePauahi Bishop’s Will that created Kamehameha Schools.
• We Petition for Bernice Pauahi Bishop’s Will to be Fulfilled
https://www.ksbe.edu/about-us/about-pauahi/will
.
• Kamehameha Schools plan to remove the volleyball court which has been there for atleast 40 years or more. They also plan to remove canoes from the nearly 50-year-oldcanoe club—located at a site that served as a place of recreation for hundreds of yearsduring the Hawaiian Kingdom—to make room for sunbathing tourists, and this willviolate the Cultural Impact Statement Law
https://www.capitol.hawaii.gov/sessions/session2020/bills/SB3152_.HTM
, and theNational Preservation Act of 1966
https://www.nps.gov/subjects/archeology/national-historic-preservation-act.htm
.
• The U.S. EPA has Keauhou Bay listed as an “Impaired Water” - Assessment Unit(ID: HI713293). There are NO “Plans to Restore Water Quality” as there shouldbe
https://mywaterway.epa.gov/waterbody-report/21HI/HI713293/2020
.“...takes part in pollution prevention efforts aimed at protecting watersheds”
https://www.epa.gov/regulatory-information-topic/regulatory-and-guidance-information-topic-water
This is the state's responsibility to help PROTECT and CLEAN UP thesepolluted watersheds.
For years, Kamehameha Schools has pursued plans to develop Keauhou Bay into abungalow resort. Despite seeing the thousands of signatures on this opposing petition
https://www.change.org/savetheland
, and holding meetings with Native Hawaiians,descendants of Keauhou, and local community members all who are opposing theirdevelopment, and being presented with legal statutes they would violate and scientificevidence linking development to water pollution that are all on this page
https://bigislandsupport.com/kbayinfo/,
Kamehameha Schools continue to advance theirbungalow resort project.
Instead of further development in Keauhou Bay, efforts need to focus on protecting andrestoring the bay, which is already suffering from significant pollution.
• Under the Clean Water Act, it is the state’s responsibility to protect KeauhouBay because it is listed as “Impaired Water” by the US EPA, “A TMDLestablishes the maximum amount of a pollutant allowed in a waterbody and serves asthe starting point or planning tool for restoring water quality.”
“The Clean Water Act (CWA) establishes the basic structure for regulatingdischarges of pollutants into the waters of the United States and regulatingquality standards for surface waters.”
https://www.epa.gov/lawsregulations/
• Endangered Species habitat Keauhou Bay, which also makes this bay fall underthe Endangered Species Act of 1973.
• "The Endangered Species Act of 1973 (ESA or "The Act"; 16 U.S.C. § 1531 et seq.)is the primary law in the United States for protecting and conserving imperiledspecies. Designed to protect critically imperiled species from extinction as a"consequence of economic growth and development untempered by adequateconcern and conservation", the ESA was signed into law by President RichardNixon on December 28, 1973."
https://en.wikipedia.org/wiki/Endangered_Species_Act_of_1973
Kamehameha Schools has asserted that its proposed development of a luxury bungalowresort at Keauhou Bay, which is the birthplace of King Kamehameha III, long-standinghome to the Keauhou Canoe Club (established nearly 50 years ago), a local volleyballcourt of similar tenure, and the last remaining community-accessible bays on the BigIsland, is driven by a purported need to generate revenue. This justification gives rise toserious and compelling questions:
• What is the precise allocation and use of profits derived from Hawaiian Endowedtrust lands?
• Why has there been a failure or refusal to produce complete and accurate financialdisclosures and trust accountings?
• Who are the actual beneficiaries of the income generated from Hawaiian EndowedLands, and do they align with the intent of the trust and the Will of Bernice PauahiBishop?
• Have the revenues generated from these trust lands been directed primarily toward theeducation and welfare of Native Hawaiian children, in accordance with the expressintent and charitable purpose set forth in the Will of Bernice Pauahi Bishop?
The Hawaiian Endowed Lands were NOT to be owned by Kamehameha Schools tobecome a business for them. The Hawaiian people were to be fully educated through theland's profits. We petition for this Will to be fulfilled.
We call for a Trust Account to be completed and thorough investigation into the use anddistribution of profits by Kamehameha Schools to determine whether they have beenfaithfully carrying out the intent and directives of Bernice Pauahi Bishop’s Will,because they have received this information that developing a bungalow resort inKeauhou Bay will severely pollute the bay, as well as it violates the Cultural ImpactStatement Law, the National Preservation Act of 1966, the Clean Water Act, and alot more information found on this page
https://bigislandsupport.com/kbayinfo/
.
Kamehameha Schools have been completely ignoring all this information.Where, then, do the trustees’ true loyalties reside, with the legacy and charitable intent ofBernice Pauahi Bishop, or with commercial interests that threaten to erode NativeHawaiian and local cultural practices, inflict lasting environmental harm on Keauhou Bayand its endangered species habitats, and compromise the trustees’ fundamental duty toprioritize the educational mission entrusted to them?
Kamehameha Schools was created to utilize endowed Hawaiian lands specifically tosupport and educate the Hawaiian people, particularly orphans and indigent childrenof Hawaiian descent, per Pauahi Bishop Will, “…to devote a portion of each year'sincome to the support and education of orphans, and others in indigent circumstance.”Support means housing, feeding, clothing, and educating these kids through theprofits of the endowed lands. Has this been fulfilled?
Bernice Pauahi Bishop’s Will States in Article 13:
• Primary Objective of the will:
“I desire my trustees to provide first and chiefly a good education in the commonEnglish branches…” for the Hawaiian people.
https://www.ksbe.edu/about-us/aboutpauahi/
• The Will then states: “
For the purposes aforesaid
, I grant unto my said trustees fullpower to lease or sell any portion of my real estate…”
“
For the purposes aforesaid
,” outlined above, the profits derived from thetrust were to be used exclusively to support the beneficiaries designated in theLast Will and Testament, the Hawaiian people, by providing them with access to acomprehensive and quality education that was to be supported by the endowedland’s profits, in accordance with her exact wishes.
•
No Mention of Tuition
: The Last Will and Testament of Bernice Pauahi Bishop doesNOT mandate or imply that the education of the Hawaiian people should beconducted as a commercial enterprise reliant on tuition fees for KamehamehaSchools. Rather,
it clearly instructs the trustees to use the profits from the endowed
lands to support the education of Native Hawaiians.
The Hawaiian People’sEducation
was to be
FULLY supported (meaning paid for) by the Endowed Lands
.
As she expressly stated in her WILL:
“
I desire my trustees to provide first and chiefly a good education
in thecommon English branches, and also instruction in morals and in such usefulknowledge as may tend to make good and industrious men and women; and Idesire instruction in the higher branches to be subsidiary to the foregoing objects.
“
For the purposes aforesaid
,” I grant unto my said trustees full power to lease orsell any portion of my real estate…” This language makes clear that the trustees'primary responsibility was to educate the Hawaiian people through theprofits of the endowed lands. NOT to operate Kamehameha Schools as aprofit-driven business or to promote commercial development, especially whensuch development threatens Native Hawaiian and Local Cultural Practices,Traditions, and the Environment.
What else have they developed with the Hawiian Endowed lands that doesNOT benefit the Hawaiian people but rather takes away from them and thesurrounding community, as this bungalow resort will do?
We petition that their past actions be fully investigated and that the fullobjective of the Will be recognized, and fulfulled.
• Land as a Funding Commitment: Hawaiian Endowed Lands were intended toprovide financial support for education, ensuring Hawaiian students could accessschooling without bearing the financial burden.
• Directive for Educational Infrastructure: The directive will also instructtrustees to use funds for acquiring property, constructing school buildings, andfurnishing them. “...in the purchase of suitable premises, the erection of schoolbuildings, and in furnishing the same with the necessary and appropriate fixturesfurniture and apparatus.” However, there appears to be a lack of effort inexpanding educational facilities as mandated.
After 141 years of stewardship, there are still only 3 K-12 schools and 31preschools, preschools being less costly to build. This pattern shows a clear lackof commitment to expanding comprehensive K-12 education for Hawaiianchildren, which was the central duty under the Will.
• Promise to Serve the Vulnerable: The will directs trustees to “devote a portionof each year’s income to the support and education of orphans and others inindigent circumstances.” Yet this obligation isn't reflected in current financialdisclosures. Are these children truly receiving the support envisioned?
• It has been reported that there are no grants for young Hawaiian children toattend schools.
• 141 Years of Responsibility: Even after more than a century of stewardship,there remain too few schools to adequately serve the Hawaiian community. Wepetition for the Will to be FULFILLED.
• A Critical Question Remains: Why hasn’t this foundational duty been fullyfulfilled?
Access to education remains a pressing concern, particularly when viewed through thelens of Pauahi’s original intent. More than 141 years later, Kamehameha Schools servesfewer than 7,000 students, while many Hawaiian families report a lack of grants orfinancial aid for young children. These realities raise serious questions, especially giventhe trustees’ vast land assets and substantial financial resources, resources that wereintended to directly support and uplift Hawaiian education.
II. REQUESTED ACTIONS
1. Title Audit
o Conduct a complete chain of title review, tracing each parcel of their landto the original Land Commission Awards and Royal Patents to confirm trueownership was completely lawful.
o It is crucial to identify the rightful heirs to Keauhou Bay—particularly thelands known as Keauhou 2—and to delineate the various sections comprisingthis area. The majority of Keauhou Bay falls under Royal Patent No. 7844,originally vested in King Kamehameha V, Lota Kapuāiwa, as documentedon page 1226 of the Indices of Awards (Waihona.com, Kapuāiwa, Lota#07715*H). Given the illegality of Hawai‘i’s annexation, his daughtersKeanolani Kamehameha and Sarah Kapamaikela MakahilahilaKamehameha deserve rightful acknowledgment as his heirs.
o Analyze the transfer of land ownership from Ruth Keʻelikōlani to BernicePauahi Bishop, and subsequently to Kamehameha Schools, using §532-8(Kindred of Half Blood) as the primary legal basis to determine the rightfulownership of the land currently under their management.
o A comprehensive review of Bernice Pauahi Bishop’s Will is necessary toassess whether the trustees of Kamehameha Schools have upheld theirlegal Duty of Loyalty throughout 141 years of stewardship. Despiteholding assets valued at over $14 billion, many Native Hawaiians remainunable to access education due to tuition barriers—something never requiredby Pauahi’s Will.
This failure to provide accessible education to the very beneficiaries thetrust was created to serve reflects a serious deviation from its foundingintent. While Kamehameha Schools has prospered through the use ofHawaiian endowed lands, the rightful beneficiaries have NOT beengranted the full educational rights and support promised to themunder the Will.
o Conduct a complete Trust Account:
1. List of Trust Assets
o What the trust owns (real estate, bank accounts, stocks, personal property,etc.)
o Value of each item at the start of the accounting period
2. Income Received
o Rent, dividends, interest, or business profits earned by trust property
3. Disbursements
o Payments made from the trust (e.g., to beneficiaries, taxes, legal fees,maintenance costs)
4. Gains or Losses
o Sale of trust assets and whether they made or lost money
5. Distributions to Beneficiaries
o Who got what, and when
6. Trustee Compensation
o Any payments made to the trustees for their services
o Any bonuses or gifts given to them
2. Adherence to Law with Evidence-Based Findings
i. Ensure compliance with Hawaii Revised Statutes:• §5328 (Kindred of Half-blood) — Inheritance rights of half-bloodrelatives. “The kindred of the half-blood shall inherit equally with those ofthe whole blood in the same degree; provided that where the inheritancecame to the intestate by descent, devise, or gift, of some one of hisancestors, all those who are not of the blood of the ancestor, shall beexcluded from such inheritance.”
capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0532/HRS_0532-
ii. §560:2-101 Intestate estate. (a) Any part of a decedent's estate noteffectively disposed of by will passes by intestate succession to thedecedent's heirs as prescribed in this chapter, except as modified by thedecedent's will.
https://law.justia.com/codes/hawaii/title-30a/chapter-
560/section-560-2-101-to-560-2-902/
iii. §172-11 Land Patents from Land Commission Awards — Originalawardee’s heirs retain inured rights. “to whom, for whose benefit. Everyland patent issued upon an award of the board of commissioners to quietland titles, shall be in the name of the person to whom the originalaward was made, even though the person is deceased, or the title tothe real estate thereby granted has been alienated; and all landpatents so issued shall inure to the benefit of the heirs and assigns ofthe holder of the original award. [L 1872, c 21, §1; RL 1925, §568; RL1935, §1587; RL 1945, §4641; RL 1955, §100-11; HRS §172-11]
https://law.justia.com/codes/hawaii/title-12/chapter-172/section-172-11/
iv. §501-107 Entry record; duplicates and certified copies. “(a) Theassistant registrar shall keep a record in which shall be entered all deedsand other voluntary instruments, and all copies of writs or other processfiled or recorded with the assistant registrar relating to registered land.”
https://law.justia.com/codes/hawaii/title-28/chapter-501/section-501-107/
v. Under case: NO. 24096
WON back Hawaiian through the Land
Commission Award No. 7354, Royal Patent Nos. 8032 and 8033 to
KALUA because it wasn’t legally taken.
http://oaoa.hawaii.gov/jud/ica24096mop.pdf
.
This case is currently marked as 'Not for Public Use,' despite its criticalimportance. It must be made accessible to the public, as it containsinformation that could substantiate efforts to return rightful Hawaiianlands. An investigation is warranted to determine why this case remainsrestricted—such suppression is deeply concerning and must be addressed.
IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OFHAWAI`I
MAKAPONO PARTNERS, LLC, a Hawai`i limited liabilitycompany, Plaintiff-Appellee, v. HEIRS AND/ORDEVISEES OF M. SOL SIMEONA, also known asM. S. Simeona, also known as Solomona Simeona,also known as Simeona Opio, Deceased, et al.,Defendants-Appellees; and JULY SIMEONA,Defendant-AppellantAPPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT(CIV. NO. 99-237K)
MEMORANDUM OPINION(By: Burns, C.J., Watanabe and Foley, JJ.)On December 30, 1999, Makapono filed a "Complaint for Quiet Title,Partition and Damages" (Complaint), seeking to establish itself as theowner of the parcel of land (the Land) described as [a] ll of thatcertain parcel of land (being all of the land described in LandCommission Award No. 7354, Royal Patent Nos. 8032 and 8033 toKALUA[)], situate[d] at Puapuaa 1, District of North Kona, Island andCounty of Hawaii, State of Hawaii, containing an area of 2.20 acres, moreor less, and commonly designated by Tax Map Key [(TMK)] 7-5-016:010.
CONCLUSION
Accordingly, we affirm the Final Judgment entered by the circuitcourt on February 12, 2001, in favor of Plaintiff-Appellee MakaponoPartners, LLC.
DATED: Honolulu, Hawai`i, April 14, 2003
Following MAKAPONO PARTNERS, LLC’s successful effort to reclaimHawaiian land, there is a growing need for a comprehensive review ofKamehameha Schools’ land acquisitions. If any were obtained unlawfully,as many lands were back in the day, steps must be taken to return thoselands to the rightful Native Hawaiian heirs.
• Pele Defense Fund V. Pay
[8] The Ninth Circuit has consistently held that native Hawaiians andnative Hawaiian groups have standing to bring claims to enforce thetrust provisions of the Admission Act. In Price v. State, 939 F.2d 702(9th Cir.1991), cert. denied, ___ U.S. ___, 112 S. Ct. 1480, 117 L. Ed. 2d622 (1992), citing its earlier opinions, the court held that "persons in theposition of these appellants do have standing to challenge the use ofsection 5(f) lands." Id. at 706 (citations omitted).
https://law.justia.com/cases/hawaii/supreme-court/1992/15373-2.html
• Lota Kamehameha V holds the Original Royal Patent No. 7844 formany lands, including Keauhou 2, where Kamehameha Schools wantsto put their bungalow resort development.
https://kipukadatabase.com/Docs/RPG/7844.pdf
• Kamehameha Schools has no ‘kindred’i relationship to either LotKapuaiwa, Ruth Keelikolani, or Bernice Pauahi Bishop; as a matter of law,it shall be excluded from such inheritance. §5328 (Kindred of Half-blood)— Inheritance rights of half-blood relatives. “The kindred of the halfbloodshall inherit equally with those of the whole blood...”
• Royal Patent No. 7844, regardless of whether the ‘title to the real estatethereby granted has been alienated’ii during the Probate of LotaKamehameha V, or other transactions, any and all rights ‘inure’ to saidRoyal Patent, to the benefit of kindred heirs. Kamehameha V had twodaughters, Keanolani Kamehameha and Sarah KapamaikelaMakahilahila Kamehameha.
• Lota Kamehameha V holds the Original Royal Patent for Keauhou 2land No. 7844, and under §17211, “…all land patents so issued shallinure to the benefit of the heirs and assigns of the holder of theoriginal award.”
https://kipukadatabase.com/Docs/RPG/7844.pdf
• Double click on the top map to zoom in and take a closer look at thismap to see how the Keauhou 2 lands are subdivided. Who holds theoriginal Royal Patents for each parcel, and what is the history behindKamehameha Schools’ acquisition of these lands?
https://kipukadatabase.com/kipuka/LandAwards.html?ObjectID=22644&b
• the Cultural Impact Statement Law, "...defined by the state historicpreservation division to determine whether an action may have asignificant effect on cultural practices, particularly native Hawaiiantraditional and customary practices expressly...which shall discloseany cultural effects of a proposed action, including the cultural practicesof the community...”
https://www.capitol.hawaii.gov/sessions/session2020/bills/SB3152_.HTM
• Kamehameha Schools plans to remove a volleyball court that has servedlocal youth for nearly 50 years—if not longer—providing Hawaiian kidsand the local community with a positive and constructive outlet.Kamehameha Schools goal is to make more room for sunbathing tourists,which violates the Cultural Impact Statement law.
They also intend to remove canoes from the long-standing canoe club, andthe practice of canoe paddling has been a Hawaiian practice and traditionfor hundreds of years. These actions would violate this law as well asothers, and significantly disrupt the traditional and community-based usesof the bay because the small bay would no longer have enough space forthe canoe club to practice, as it would become dangerous with all thetourists they plan to add. 150 bungalow resort rooms x 3 people = 450 ormore added to this extremely small local bay, and with fewer canoes,participation would be limited.
It would also interfere with traditional Hawaiian fishing practices thathave been carried out in these waters for hundreds of years, which wouldalso violate the Cultural Impact Statement Law, as the bay would becomeovercrowded with swimmers, paddleboarders, and snorkelers—leavinglittle room for local fishermen. It would also disrupt the long-standingcommunity use of Keauhou Bay for baptisms, celebration of lifeceremonies, anonymous support group meetings, and many otherimportant gatherings because this bay has been a vital part of the localcommunity’s cultural and spiritual life since well before the United Statesillegally annexed Hawai‘i.
• National Preservation Act of 1966, “Why was the National HistoricPreservation Act enacted?
By the mid-1960s, federally-funded infrastructure and urban renewalprojects had resulted in the rapid destruction of places significant in thenation’s history.”
https://www.nps.gov/subjects/archeology/national-historic-preservation-act.htm
.Keauhou Bay is not only the birthplace of King Kamehameha III, but it isalso a recreational area, as it was for Alii’s for hundreds of years. It needsto be preserved as a recreation for the next generations to come.
• Keauhou Bay is declared “Impaired Water” because of the "turbidity"that effects aquatic life, by the US EPA - Assessment Unit (ID:HI713293) https://mywaterway.epa.gov/waterbodyreport/21HI/HI713293/2020.
• Clean Water Act, “A TMDL establishes the maximum amount of apollutant allowed in a water body and serves as the starting point orplanning tool for restoring water quality.” It is the State’sresponsibility to restore Keauhou Bay, not to undermine this importantAct by approving yet another resort in an area already saturated withtourist accommodations.
The land around Keauhou Bay, where Kamehameha Schools wants todevelop their bungalow resort, was zoned for resort use well before thegolf course and nearby vacation rentals were constructed.
Today, the bay is surrounded by tourism-heavy resorts, and as a result,algae blooms have become increasingly frequent after heavy rains. Thisrunoff pollution has led to the bay being designated as an Impaired WaterBody due to turbidity. It’s a clear indication of the ongoingenvironmental pollution caused by the existing golf course and resortdevelopments. The bay can NOT afford another resort, especially one thatwill be right in front of the bay.
Keauhou Bay must be protected, as required under the Clean Water Actwhich is meant to safeguard it.
According to the Hawai‘i health department in the government, naturalground cover results in only 10% runoff, whereas developed landgenerates up to 55% or more, which is 100% polluted runoff. Thismeans that even with storm drains, the increased pavement from theproposed development will significantly raise even more runoff into thebay. The existing natural ground cover— which has long helped protectthe bay from a lot more golf course pollution— will be removed todevelop Kamehameha Schools bungalow resort.
Page 2: “Pollutants in streams and coastal waters affect water quality.They destroy aquatic habitats and cloud the water, cause algal blooms,contribute bacteria and other pathogens to recreational waters, as well asdeposit debris and hazardous materials like solvents, paint, motor oil, orpesticides.
Urban impervious surfaces speed up and direct the flow of stormwater intothe storm sewer system, which prevents it from being absorbed into andfiltered by the ground.”
https://health.hawaii.gov/epo/files/2013/09/Stormwater-MS4-Presentation-
This video shows the flooding that happens today from the north and southside of Keauhou Bay, it’s on YouTube titled: Help Endangered Species!Preserving King Kamehameha III's Birth Place From DevelopmentPollution!"
https://www.youtube.com/watch?v=_ub8cyWpIT0
. You willsee oil that runs into the bay as of right now. This video was created forthe Help Save Keauhou Bay page on
https://bigislandsupport.com/savekbay/
. This kind of pollution needs tostop to start protecting this historical bay. It is the state'sresponsibility to clean up Keauhou Bay.
• As part of their resort development, Kamehameha Schools plans toadd hundreds of additional parking stalls at Keauhou Bay—anaction that will significantly worsen pollution in the bay.“The Impact of Stormwater – Car EmissionsCar emissions are not limited to exhaust fumes that contribute toair pollution. They can also leak automotive fluid and releaseheavy metals that can contribute to stormwater pollution,contaminating local waterways."
https://www.stormwatershepherds.org.au/blog/the-impact-of-stormwater-car-emissions/
Keauhou Bay experiences rainfall nearly every night, and isalready heavily polluted by runoff containing oil and othercontaminants from existing vehicle traffic. Introducing hundredsmore cars will only worsen the pollution and further degrade thehealth of the bay.
• Endangered Species Act of 1973, "To provide a means whereby theecosystems upon which endangered species and threatened speciesdepend may be conserved."
https://en.wikipedia.org/wiki/Endangered_Species_Act_of_1973
Keauhou Bay is home to several endangered species, including theHawaiian Monk Seal, Green Sea Turtle, Hawksbill Turtle, and the HorayBat. Their habitats must be protected under the provisions of theEndangered Species Act of 1973.
• Keauhou Bay is the #1 habitat for manta rays, whose primary foodsource—plankton—is threatened by sediment caused by developmentpollution. It rains almost every night in Keauhou Bay. There is no way tofully stop development sediment pollution.
This study on “Effects of an experimental terrestrial runoff on thecomponents of the plankton food web in a Mediterranean coastallagoon The addition of maturated soil to the terrestrial runoff treatmentgreatly depressed the light availability in the mesocosms and potentiallyenhanced flocculation and sedimentation in the mesocosms, resulting inan immediate negative effect on phytoplankton, decreasing thechlorophyll-a (Chl-a) concentration by 70% for 12 days.”
https://www.frontiersin.org/journals/marine-science/articles/10.3389/fmars.2023.1200757/full
• Scientific studies have also shown that coastal development, across thewest side of Hawai‘i Island, has severely polluted nearby coralecosystems. Keauhou Bay must be protected from further developmentharm.
Article by the National Oceanic and Atmospheric Administration, AKANOAA, states, "Coral Bleaching is occurring more frequently inHawai'i...” they state, ...the key drivers of the bleaching wereenvironmental factors (such as heat stress, depth, and surface light) andhuman impacts (sewage effluent and urban run-off).”
https://www.fisheries.noaa.gov/feature-story/cautionary-tale-2019-coral-bleaching-event-hawaii
.
• This DAR report page 17 “Additional anthropogenic impacts are widerangingand include coastal development, on-site waste disposal, urban,agricultural, and golf course runoff...”
https://dlnr.hawaii.gov/dar/files/2024/12/ar_hrs188-2025.pdf
Page 86 “Though multiple stressors such as sedimentation, waterquality, storm events and coral diseases are known to have an impact oncoral health in West Hawaiʻi...”
https://dlnr.hawaii.gov/dar/files/2024/12/ar_hrs188-2025.pdf
The trees that Kamehameha Schools plan to remove have played a vitalrole in protecting Keauhou Bay by absorbing storm water runoff,including sediment, fertilizers, and herbicides from the golf courseupslope. Removing these trees would eliminate a natural barrier and allowgolf course, resort, and vehicle pollution to flow freely into the bay—causing serious environmental harm.
The resort development planned by Kamehameha Schools will increasethe amount of golf course runoff and introduce additional car pollutioninto Keauhou Bay, because they include plans for hundreds of newparking stalls near this environmentally sensitive area.
• "Easily visible trends in human population dynamics combined withwell-established and tested ecological theory give a clear, intuitive,yet quantifiable guide to the severity of survival challenges facedby coral reefs.”
https://pubmed.ncbi.nlm.nih.gov/33293007/#:~:text=Denser%20coasta
l%20populations%20and%20greater,to%20more%20runoff%20and%2
• “This is how tourists are destroying coral reefs in Hawaii. The lesspeople at a certain site, the more coral there are, the research found.”
https://abcnews.go.com/US/hawaiian-coral-reefs-degrading-populartourist-
story?id=96308858#:~:text=The%20less%20people%20at%
20a,there%20are%2C%20the%20research%20found.&text=The%20mi
llions%20of%20tourists%20who,world%2C%20a%20new%20study%2
.
3. Fiduciary Accountability
o Evaluate the distribution of land-derived income and whether all of theiractivities, such as resort development, shopping centers, grocery storedevelopment, etc... conflict with said educational purposes or beneficiaries’interests (Duty of Loyalty).
https://www.sklslaw.com/blog/duties-of-trustees-in-hawaii-explaining-trustees-duties
o Examine whether Kamehameha Schools has executed Bernice PauahiBishop’s Will faithfully, per its mandates: education of Hawaiian children(especially orphans and indigent youth), restricted self use of assets, andannual reporting to the Chief Justice.
https://bigislandsupport.com/princessbernice-
III. FACTUAL AND LEGAL BASIS
• Environmental & Community Harm: Proposed Keauhou Bay Bungalow ResortDevelopment threatens Hawaiian and local community cultural practices, pollution ofthe bay, and ecological damage, and despite extensive documentation that has beengiven to Kamehameha Schools and is located at BigIslandSupport.com/savekbay andBigIslandSupport.com/kbayinfo, among others, they have fully ignored these threats.
• According to Section 813 of the Uniform Trust Code, a trustee must keep qualifiedbeneficiaries informed and “promptly respond to a beneficiary’s request forinformation.”
The Hawaiian beneficiaries who have signed this petition ask for a full andtransparent accounting of the trust to determine whether the trustees have beenfaithfully executing the responsibilities set forth in the founding Will.
https://trusts.it/admincp/UploadedPDF/200902111810200.sUSAAlabamaUniform
• Questionable Genealogical Transfers:• Kamehameha V retained ancestral interest via Royal Patent 7844 forKeauhou 2.
• HRS §5328 excludes nonblood beneficiaries from inheritance, casting doubt onKamehameha Schools’ claim to Keauhou 2 lands.
• HRS §17211 mandates enduring rights to heirs even if titles are alienated viadevise or gift.
• Historic Land Injustice: Hawaiʻi’s land tenure system has long been undermined bysystemic disenfranchisement—including irregularities in land patents, the impacts ofstate annexation, and the misregistration of rightful heirs. The unlawful seizure ofland is well documented throughout the islands’ history. It is time not only to pursuemeaningful justice, but to return the land to its rightful stewards: the Hawaiianpeople.
• Fiduciary Obligations & Education Mandates:
o Beyond the ongoing bungalow resort project in Keauhou Bay, what otherdevelopments have been undertaken that fall short of advancing NativeHawaiian education, uplifting the local community, or protecting theenvironment?
These prior actions deserve thorough scrutiny to determine whether thetrustees have fulfilled their duty of loyalty and adhered to their fiduciaryobligations, and these projects need to be made public.
o
I've been informed that a critical grocery store serving the indigent community
on Oahu has either been removed or is slated for removal to make way for a
luxury condominium development. Their actions need investigation.
o We respectfully petition for a comprehensive investigation into all of their pastactions throughout Hawaiʻi, to determine whether those actions truly servedthe best interests of the Hawaiian people's education and the well-being of thesurrounding communities.
o Bernice Pauahi Bishop’s Will expressly states that the income from endowedlands must be used “
First and Chiefly
”
to provide “good
educatio
n…morals…useful knowledge for the Hawaiian people,” withparticular emphasis on supporting indigent and orphaned Hawaiians. HasKamehameha Schools remained faithful to this foundational mission—orhave their actions shifted toward prioritizing profit-generating ventures,despite the fact that the Will makes no mention of creating a businessenterprise for them, but instead centers on the educational upliftment ofthe Hawaiian people?
o Trustees are required to file complete annual reports and inventories, yettheir reports lack transparency—omitting key details such as profitbreakdowns, trustee salaries, bonuses, and information related to the realestate companies. In light of their fiduciary Duty of Loyalty, trustees mustprovide clear and accurate annual reports to the public—both consistentlyeach year and immediately—so the flow of profits can be transparentlytracked and evaluated to the Will’s wishes.
o Thousands of Hawaiian children are unable to go to KamehamehaSchools, suggesting failures in fulfilling the mandates to educate theHawaiian people. The Hawaiian people were to be fully educated per the Willthat created Kamehameha Schools.
o The Will clearly stated that all Hawaiian people were to receive an education,with no reference to tuition fees. The trustees’ 'first and chiefly' duty was toensure that educational opportunities for the Hawaiian people were fullyfunded through the income generated by the endowed lands.
o The Endowed Lands profits were intended to serve as the tuitionthemselves, with Native Hawaiians as the rightful beneficiaries, not aspaying students for the trustees’ school business, but as heirs to a legacydesigned to secure and sustain their future.
IV. LINKS AND QUOTES SUPPORTING CLAIMS
• HRS §5328 — Kindred of HalfBlood inheritance
capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0532/HRS_0532-0008.htm
• §560:2-101 Intestate estate
https://law.justia.com/codes/hawaii/title-30a/chapter-
560/section-560-2-101-to-560-2-902/
• HRS §17211 — LandCommission Award Patents Hawaii Revised Statutes Division
1. Government § 172-11 | FindLaw
• Royal Patent 7844 (Keauhou 2) details
https://kipukadatabase.com/Docs/RPG/7844.pdf
• Indices of Awards page 1226 shows Keauhou 2 Land
https://evols.library.manoa.hawaii.edu/server/api/core/bitstreams/25986931-db86-
433a-8648-9d50e3ec0901/content
•
shows Kapuāiwa, Lota #07715*H was awarded Keauhou, to seethis link you must click on Advance and then click below on Proceed to
(unsafe)
https://www.waihona.com/maheleSearch.asp?type=search&claimant=Lota&lca=&tex
t=&island=&district=&ahupuaa=&ili=
• King Kamehameha V, Lota Kapuāiwa Kalanimakua AliʻiōlaniKalanikupuapaʻīkalaninui https://en.wikipedia.org/wiki/Kamehameha_V• Keanolani was the daughter of Kamehameha V and her line are the rightfuldescents
https://en.wikipedia.org/wiki/Keanolani
• BigIslandSupport.com/kBayinfo documentation on laws, acts, and ecologicalthreats that Kamehameha Schools have fully ignored
https://bigislandsupport.com/kbayinfo/
• Bernice Pauahi Bishop’s Will established the Kamehameha Schools with a cleardirective: to use her estate to educate Native Hawaiian children. Article 13 of herWill bequeaths the remainder of her estate to trustees to erect schools, emphasizinglasting benefit to her people through education
https://bigislandsupport.com/princessbernice-
.
• Trustee fiduciary duties (Duty of Loyalty)
https://www.sklslaw.com/blog/duties-of-trustees-in-hawaii-explaining-trustees-duties
• Kauikeaouli, Kamehameha III; Hawaiian Kingdom Constitution 1852
https://www.hawaiiankingdom.org/pdf/1840_Constitution.pdf
" Protection is hereby secured to the persons of all the people, together withtheir lands, their building lots, and all their property, while they conform tothe laws of the kingdom, and nothing whatever shall be taken from anyindividual except by express provision of the laws. Whatever chief shall actperseveringly in violation of this constitution, shall no longer remain a chiefof the Hawaiian Islands, and the same shall be true of the Governors, officers,and all land agents.
But if anyone who is deposed shall change his course, and regulate his conduct bylaw, it shall then be in the power of the chiefs to reinstate him in the place heoccupied previous to his being deposed."
Ensuring the rightful ownership of Kamehameha Schools’ lands requires athorough investigation, particularly given the historical context of landdispossession in Hawai‘i. There is widespread recognition of the unlawfulseizures that occurred, and examining how these lands were acquired andmanaged under trust stewardship is essential for accountability
• United States Apology Public Law 103-150
https://dlnr.hawaii.gov/mk/files/2016/10/F-10-the-apology.pdf
"Whereas, the health and well-being of the Native Hawaiian people is intrinsicallytied to their deep feelings and attachment to the land;
Whereas, the long-range economic and social changes in Hawaii over thenineteenth and early twentieth centuries have been devastating to the populationand to the health and well-being of the Hawaiian people;
Whereas, the Native Hawaiian people are determined to preserve, develop andtransmit to future generations their ancestral territory, and their cultural identityin accordance with their own spiritual and traditional beliefs, customs, practices,language, and social institutions;
Whereas, in order to promote racial harmony and cultural understanding, theLegislature of the State of Hawaii has determined that the year 1993, should serveHawaii as a year of special reflection on the rights and dignities of the NativeHawaiians in the Hawaiian and the American societies;
Whereas, the Eighteenth General Synod of the United Church of Christ inrecognition of the denomination's historical complicity in the illegal overthrowof the Kingdom of Hawaii in 1893 directed the Office of the President of theUnited Church of Christ to offer a public apology to the Native Hawaiian peopleand to initiate the process of reconciliation between the United Church of Christand the Native Hawaiians; and
Whereas, it is proper and timely for the Congress on the occasion of theimpending one hundredth anniversary of the event, to acknowledge the historicsignificance of the illegal overthrow of the Kingdom of Hawaii, to express itsdeep regret to the Native Hawaiian people, and to support the reconciliationefforts of the State of Hawaii and the United Church of Christ with NativeHawaiians;"
United States Public Law 103-150 formally acknowledges the unlawfulannexation of Hawai‘i and the profound harm inflicted upon the Hawaiianpeople and their culture. In light of this apology, we petition for a thoroughinvestigation into the lands held by Kamehameha Schools to determine theirrightful ownership. This recognition underscores the urgent need to initiate theprocess of reclaiming lands and restoring justice.
• Declaration of Independence 1776; US Constitution1789
https://www.uscis.gov/sites/default/files/document/guides/M-
654.pdf#:~:text=The%20Declaration%20of%20Independence%2C%20which%20ofi
cially%20broke%20all,the%20Constitution%20outlined%20how%20this%20govern
.
" We hold these Truths to be self-evident, that all Men are created equal, that theyare endowed by their Creator with certain unalienable Rights, that among theseare Life, Liberty, and the pursuit of Happiness—That to secure these Rights,Governments are instituted among Men, deriving their just Powers from theConsent of the Governed, that whenever any Form of Government becomesdestructive of these Ends, it is the Right of the People to alter or to abolish it,and to institute new Government, laying its Foundation on such Principles, andorganizing its Powers in such Form, as to them shall seem most likely to effecttheir Safety and Happiness. Prudence, indeed, will dictate that Governments longestablished should not be changed for light and transient Causes; and accordinglyall Experience hath shewn, that Mankind are more disposed to suffer, while Evilsare sufferable, than to right themselves by abolishing the Forms to which they areaccustomed."
Kamehameha Schools operates as a trust rather than a government entity.However, trusts, primarily financial and land trusts, can significantly influencegovernance by managing resources that shape policy decisions. KamehamehaSchools holds stewardship over more land in Hawai‘i than any other entity,raising critical questions about how these lands have been managed.
V. SPECIFIC INQUIRIES
1. Who legally owns Kamehameha Schools realty properties with priority to each parcelof Keauhou 2 land?
2. Were the land transfers in all of Bishop Estates, Kamehameha Schools properties—whether by devise or gift—legally valid under §532-8, §560:2-101, §172-11, andany other applicable provisions of the Hawaiʻi Revised Statutes, or any otherprovision concerning Hawaiian lands?
3. Have Kamehameha Schools adhered to Bernice Pauahi Bishop’s Will in land use,financial stewardship, and the education of the Hawaiian people?
4. Have Kamehameha Schools realty developments been vetted for conflicts with itsfiduciary mandate?
5. A comprehensive trust account—including salary and bonus details—must becompleted and published annually in newspapers, in accordance with the Will ofBernice Pauahi Bishop, founder of Kamehameha Schools.
VI. CONCLUSION
We respectfully petition the aforementioned agencies to initiate a formal investigationinto the validity of land titles, the management of trust assets, and the extent to whichtrustees are honoring the original intent of Bernice Pauahi Bishop’s Will.
Recent development decisions—such as their bungalow resort development project inKeauhou Bay—sounds the alarm that Kamehameha Schools' land use practices arecompromising Native Hawaiian heritage/cultural practices, community practices,and well-being, the ecological integrity of ancestral lands, and the protection ofHawai’i’s sensitive environments, and revealing a departure from their foundingmission to serve and support the educational interests of the Hawaiian people, to extractprofit from the Hawaiian Endowed Lands through a commercial enterprise that wasnever envisioned or authorized in the Will that established this trust.
If such projects as the bungalow resort are moving forward in the Kamehameha Schoolsrealty company, what other uses of Hawaiian Endowment Lands have been allowedto develop that were NOT in alignment with Pauahi’s Will?
A thorough investigation of their past developments is essential to ensure that theHawaiian Endowed Lands were and are being managed in alignment with theirintended purpose stated in Pauahi’s Will.
This petition reflects the voices of thousands who stand in opposition to KamehamehaSchools’ Bungalow Resort Development in Keauhou Bay. Despite overwhelmingopposition, the trustees have ignored the perspectives of the Hawaiian people, whoseendowed land they are entrusted to manage, along with local residents and visitors,as well as the laws and acts they will be violating, and the scientific evidence thatproves the destruction of Keauhu Bay will be inevitable should they continue withtheir bungalow resort development project.
Kamehameha Schools’ actions demonstrate a fundamental disregard for the voicesof the Hawaiian and local communities, and expose a breach of fiduciary duty. Astrustees, they were entrusted to steward, not assert ownership over, these HawaiianEndowed Lands, in accordance with their kuleana to serve the beneficiaries withintegrity and cultural respect.
Kamehameha Schools MUST be investigated, held accountable for their actions,and brought to justice.
Watch the petition entitled Petition to Investigate Kamehameha Schools’ Duty ofLoyalty & Hawaiian Endowed Land Use to understand the growing support andcollective call for this critical investigation. Link
https://tinyurl.com/InvestigateKS
Respectfully submitted,
Rebecca Melendez, Michelle Melendez, Maka Gallinger, Kimberly Gay, Robert Gay, Dr. Peter Redburn, Randyl Rupar, Deborah Sevy, Fran Copp, Fred Hofer, Debra Wennett, Lee Trent, Sanoi Sao, Jill Burbary, Susan Barrackman, Sarahlee Kittons, Daisy LK Mitchell, Juhl Rayne, Debra Wennett, Zach Parker,Ronald SK Mitchell, Kana Leohano, Tracy Fink, Patricia Spackman, Taylor KNK Mitchell, Julie Schaus, Matt Fink, Laura Kahulamu, Nolen Kahulamu, April Lee.
i HRS §532-8 Kindred of half blood. The kindred of the half-blood shall inherit equally with those of the wholeblood in the same degree; provided that where the inheritance came to the intestate by descent, devise, or gift, ofsome one of his ancestors, all those who are not of the blood of the ancestor, shall be excluded from suchinheritance.
iiHRS 172-11 Land patents on land commission awards; to whom, for whose benefit. Every land patent issued uponan award of the board of commissioners to quiet land titles, shall be in the name of the person to whom the originalaward was made, even though the person is deceased, or the title to the real estate thereby granted has beenalienated; and all land patents so issued shall inure to the benefit of the heirs and assigns of the holder of the originalaward.