http://the.honoluluadvertiser.com/article/2008/Mar/29/ln/hawaii803290341.html
I've included a link which Honolulu Advertiser.com published in March, 2008 due to the death of Frank Ward Hustace, Jr.
This well known attorney and his ohana may or may not have been notified. I telephoned Honolulu attorney Sam King of Honolulu. I asked attorney King if he knew how to contact the immediate family of Frank Ward Hustace, Jr - said to be in the State of Colorado. I mentioned to attorney King of the Quiet Title to be claimed if no heirs appear in court next month and he said, "They can't do that without directly notifying the heirs if they know who the heirs are." I told King that here on the Big Island, they don't do that, and all they do is post things in the newspaper. The fact that his father was a friend of Hustace I wanted to pass on this information to provide it to the family as my kuleana - they had a right to know what was being done on the land and maybe he could pass this on to his father U.S. District Judge Samuel P. King.
So I e-mailed him the information and he was going to see what he could do but he said no guarantees.
I would like your thoughts on this. Tell me how do you feel about what Hustace did during the Territorial days and would you have done what I did in attempting to save the land asset of Hustace 'Ohana? Why or Why Not....
Here's what I e-mailed attorney King:
CIVIL NO. 08-1-021K IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII SUMMONS STATE OF HAWAII: TO: HEIRS AND ASSIGNS OF KAHEANA (k); HEIRS AND ASSIGNS OF KEAUIAOLE (k); HEIRS AND ASSIGNS OF HELEN K. WILDER also known as HELEN KINAU WILDER, FIRST HAWAIIAN BANK as Trustee of the WILDER WIGHT TESTAMENTARY TRUST, MASANORI KUSHI as Trustee of the ELLA WIGHT STEPHENS TESTAMENTARY TRUST, JAMES EBEN WIGHT AND ROBERT KAEO WIGHT as Trustees of the SAMUEL GERRIT WIGHT TESTAMENTARY TRUST, BANK OF HAWAII as Trustee of the HAWAIIAN FOUNDATION, BANK OF HAWAII as Trustee of the SAMUEL G. WILDER TESTAMENTARY TRUST, HEIRS AND ASSIGNS OF KINAU WILDER, JAMES KIMO WILDER MCVAY, CHARLES BUTLER MCVAY, IV, HEIRS AND ASSIGNS OF JAMES AUSTIN HARDEN WILDER, S.G. WILDER AND COMPANY, LIMITED, THE ESTATE OF S.G. WILDER, LIMITED, JOHN M. MAGOON, JR. AND BANK OF HAWAII AS TRUSTEES OF THE JOHN H. MAGOON TESTAMENTARY TRUST, EMELEEN M. TYLER, CEDRIC HUSTACE as sole surviving Successor Trustee of the CATHERINE M. HUSTACE TESTAMENTARY TRUST, EATON ARTHUR GORELANGTON also known as ARTHUR GORELANGTON, KAMAKIA E. WILLIAMS, EATON HARRY MAGOON, JR., ORVILLE TYLER MAGOON, HEIRS AND ASSIGNS OF LIONEL TREVOR GORELANGTON, MICHAEL T. GORELANGTON, DANA K.G. TURBULL, DONNY T. GORELANGTON, LAURIE GORELANGTON, LAURIE GORELANGTON AS EXECUTRIX OF THE ESTATE OF LIONEL TREVOR GORELANGTON, CAPRICE MAGOON SUTTON, GEORGE A. MAGOON II, FRANK W. HUSTACE, JR. as Trustee of the TESSA GAY MAGOON IRREVOCABLE TRUST DATED SEPTEMBER 21, 1966, FRANK W. HUSTACE, JR. as Trustee of the MARMION M. MAGOON TESTAMENTARY TRUST, and the heirs, assigns and devisees of such persons who are deceased, or persons holding under said Heirs, and spouses, assigns, successors, personal representatives, executors, administrators, and trustees of such persons who are deceased, and all other unknown persons or entities claiming any right, title, estate, lien or interest in the real property described below YOU ARE HEREBY NOTIFIED that Plaintiff KA`UPULEHU LAND LLC claims fee simple ownership to the land described as: All of that certain parcel of land (being all of the land(s) described in and covered by Royal Patent Number 7517, Land Commission Award Number 8729, Apana 2 to Kaheana) situate, lying and being at Mahukona, District of Kohala, Island and County of Hawaii, State of Hawaii, bearing Tax Key designation (3) 5-7-002-005, and containing an area of 6.342 acres, more or less. YOU ARE HEREBY FURTHER NOTIFIED that Plaintiff has filed a Complaint To Quiet Title in the Third Circuit Court, Kona Division, Kealakekua, Hawaii, requesting that title to the above-described real property be determined as to any and all adverse claims not presented and/or adjudicated in this action. YOU ARE HEREBY SUMMONED to appear in the courtroom of the HONORABLE ELIZABETH A. STRANCE, Judge of the above-entitled Court, Keakealani Building, (Old Kona Hospital), Kealakekua, Hawaii, on Friday, the 19th day of September, 2008, at 8:00 o'clock a.m., or to file an answer or other pleading and serve it before said day upon Plaintiff's counsel, Nathan C. Nelson, Carlsmith Ball LLP, ASB Tower, Suite 2200, 1001 Bishop Street, Honolulu, Hawaii 96813, to show cause, if you have any, why the prayer of said Complaint To Quiet Title should not be granted. Unless you file an answer before the time and place aforesaid or appear in the Third Circuit Court, Kona Division, Kealakekua, County and State of Hawaii, at the time and place aforesaid, your default will be recorded, and said Complaint To Quiet Title will be taken as confessed and a judgment by default will be taken against you for the relief demanded in the Complaint To Quiet Title. DATED: Kealakekua, Hawaii, July 21, 2008. L. KITAOKA CLERK OF THE ABOVE-ENTITLED COURT CARLSMITH BALL LLP NATHAN C. NELSON 8597-0 ASB Tower, Suite 2200 1001 Bishop Street Honolulu, HI 96813 Telephone (808) 523-2500 Attorney for Plaintiff (Hon. Adv.: Aug. 4, 11, 18, 25, 2008) (A-527674) Updated on 08/18/2008.
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KEAUIAOLE has long passed and no one in Kohala to carry on the name. Charles Butler McVay's son was well known to Hawaii's entertainment -Kimo McVay.
Dr. James Wightwas born in inda. His story as presented in the area now known as Puaka Ranch is quite interesting. The rest as not mentioned here are related to FRANK W. HUSTACE, JR. These trusts names have sounded familiar to me over the years. Frank's wife constance I met once in Waimea and the name was always in back of my mind not knowing her husband was attorney Frank W. Hustace, Jr. I believe they were genuinely good people - I felt that around Constance. Here now I am presented with this information and found he has passed on and the role he played in the Territorial Days....WOW. He was a friend and colleague to now U.S. Judge Samuel P.King said to be related to James King, the 2nd man in charge after Standford B. Dole during the Territorial Days.
And here today someone has provided me this information. I then try to find the family if they are living; pass on this information as the principal of the matter is important - they too have inherent rights which need to be protected irregardless of where they came from or what they may have done for or against koko. For today, these properties can benefit the efforts of our conservation and protection measures in Kohala along the coastline - this MAHUKONA LANDS. Would they appear to continue to keep or would they be willing to put all these land in a conservation land trust for the North Kohala Community? We do not want it Quiet Titled for any form of development.
Ka Makani 'O Kohala Ohana aka: KAKO'O www.kamakani.org produced a video entitled "Save the Kohala Coastline" and narrator of the video was Kinau Wilder mentioned here as BANK OF HAWAII as Trustee of the SAMUEL G. WILDER TESTAMENTARY TRUST, HEIRS AND ASSIGNS OF KINAU WILDER. A Hui Lihikai colleague is contacting her family on Oahu as they knew several Gorelangtons and whether or not they were related to those listed here as posted.
There are no KAHEANA 'Ohana here in Kohala - long time gone. Carlsmith Ball LLP is the usual players - I've been involved in contested case hearings with them in the past along our Kohala Coast Shorelines. How convenient to advertise this information after attorney Hustace is gone. Apparently his brother was Cedric Hustace who is also listed here as posted.
Replies
Dr. James Wightwas born in inda. His story as presented in the area now known as Puaka Ranch is quite interesting. The rest as not mentioned here are related to FRANK W. HUSTACE, JR. These trusts names have sounded familiar to me over the years. Frank's wife constance I met once in Waimea and the name was always in back of my mind not knowing her husband was attorney Frank W. Hustace, Jr. I believe they were genuinely good people - I felt that around Constance. Here now I am presented with this information and found he has passed on and the role he played in the Territorial Days....WOW. He was a friend and colleague to now U.S. Judge Samuel P.King said to be related to James King, the 2nd man in charge after Standford B. Dole during the Territorial Days.
And here today someone has provided me this information. I then try to find the family if they are living; pass on this information as the principal of the matter is important - they too have inherent rights which need to be protected irregardless of where they came from or what they may have done for or against koko. For today, these properties can benefit the efforts of our conservation and protection measures in Kohala along the coastline - this MAHUKONA LANDS. Would they appear to continue to keep or would they be willing to put all these land in a conservation land trust for the North Kohala Community? We do not want it Quiet Titled for any form of development.
There are no KAHEANA 'Ohana here in Kohala - long time gone. Carlsmith Ball LLP is the usual players - I've been involved in contested case hearings with them in the past along our Kohala Coast Shorelines. How convenient to advertise this information after attorney Hustace is gone. Apparently his brother was Cedric Hustace who is also listed here as posted.