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Queen Lili‘uokalani’s Deed of Trust

THIS INDENTURE, made this 2

LILIUOKALANI, widow of the late John O. Dominis, of Honolulu, Territory of

Hawaii, party of the first part, hereinafter also called the “Grantor”, and

ARCHIBALD S. CLEGHORN, CURTIS P. IAUKEA and WILLIAM O. SMITH, all

of said Honolulu, parties of the second part, hereinafter also called the

“Trustees”,

WITNESSETH: That whereas the said Grantor is desirous of placing all of her

property in trust (save as below excepted) to be held and administered by the

Trustees for the uses and purposes in this instrument set forth:

NOW THEREFORE, the said Grantor, in consideration of the premises herein

expressed and of the covenant hereinafter contained on the part of the Trustees

to be kept and performed, and also of One Dollar to her paid by the said

Trustees, the receipt whereof is hereby acknowledged, does hereby give, grant,

convey, assign, transfer, set over and deliver unto the said Trustees all and

singular her right, title, estate and interest whatsoever in and to all her property,

real, personal and mixed, of every nature and description and wheresoever

situate, in possession or in action, including all of the property described and

referred to in the several schedules hereunder written, and also all other

property whether included or described or referred to in said schedules or not;

SAVING AND EXCEPTING THEREFROM an estate for the life of said Grantor,

hereby reserved, in and to her present residence premises known as

“Washington Place” on Beretania Street in Honolulu, and also the premises at

Waikiki known as “Kealohilani”; AND RESERVING AND EXCEPTING ALSO

all of the household furniture and furnishings and contents of each of said

residence properties, and all personal effects of said Grantor, as now enjoyed by

her, including all personal or family mementoes, heirlooms, pictures, bric-a-brac,

crests, decorations, kahilis, and like property; and EXCEPTING FURTHER any

claim said Grantor may have or claim to have against the United States:

TO HAVE AND TO HOLD the same, with all the rights, easements, privileges

and appurtenances thereunto belonging or in anywise appertaining, and the

reversion and reversions, remainder and remainders, rents, issues and profits

thereof, unto the said Trustees hereinabove named and their successors in trust,

heirs and assigns forever, subject only to existing incumbrances; BUT IN TRUST

NEVERTHELESS, to hold, use, manage, control and administer the same upon

the following trusts, that is to say:

Except as this instrument may require the special holding, reservation or

application of any particular parts or portions of the trust property to accord

with the special use or disposition thereof, the Trustees shall administer the trust

property according as to them shall seem most advantageous to all the

beneficiaries hereunder and to most effectually accomplish the whole trusts

hereof.

The Trustees shall at all times have the most ample power and authority, in their

discretion from time to time to sell, lease, exchange, partition, mortgage, pledge

and/or otherwise deal with and dispose of any of the lands and/or other

property and interests of the trust estate, and to purchase any lands or other

property and/or take leases thereof, for the benefit of the trust estate, as often

and upon such terms and conditions or covenants and for such considerations as

they may deem proper, and generally to make such investments as they may

think best. They may exercise any and all of their powers by this instrument

conferred or which may be necessary or convenient for the effectual

administration of the trusts hereof according to the true intent and meaning of

this instrument, without any order of any court first had or obtained, and

without necessity of, any subsequent approval or confirmation by any court; and

in every way invest and change the investments of the trust and administer

under this instrument free from any restraint or limitation except as by this

instrument prescribed. No purchaser of any trust property shall at any time be

charged with any duty respecting the disposition of any sum or consideration

moving from him to the Trustees on any sale or other disposition of property by

the Trustees. The Trustees may also maintain an office or offices, and engage all

necessary assistants and employees, and fix their compensation.

In all matters relating to the administration of the affairs of said trust, the vote of

at least two of the Trustees shall be necessary to any action, and to execute any

instrument required to be made. Provided, that the Trustees may appoint one of

their number to act in the immediate management of the trust property and

business, subject to their direction and control, whose duties shall be such as they

may prescribe, and who for his special services as such managing trustee may

receive additional compensation as determined by the Trustees.

The Trustees shall make annual report to the Grantor during her lifetime, and

after her death to a court of competent jurisdiction, showing their administration

of the affairs of the trust, the investments thereof, and the application of funds

received, and a general statement of the condition of the trust.

The Trustees shall use and apply the income from the trust estate as follows:

First: For the payment of any and all taxes, assessments and charges

lawfully imposed upon or with respect to the trust property or any part thereof

or interest therein, by governmental authority, at any time during the

continuance of this trust, including those against or with respect to the property

wherein said life estate is reserved to said Grantor, and also all premiums for fire

insurance, and all other necessary expenses for repair, maintenance and

improvement of the trust property, and the expenses of administration of the

trusts hereof, including such compensation to the Trustees for their services as

shall from time to time be fixed by the court having jurisdiction over this trust.

Second: To the discharge of the interest accrued and accruing from time to

time upon the mortgage indebtedness of the Grantor, evidenced by her

promissory note and mortgage for $70,000 to Claus Spreckels and Company,

dated November l0th

in Honolulu in Liber 314, page 79

Third: Annually or oftener, as desired by the Grantor, to pay to said

Grantor the net income then remaining, or so much thereof as she may from time

to time require for her maintenance and personal expenses, so long as she shall

live.

Fourth: To the payment of the unsecured indebtedness of the Grantor

existing at the date of the execution of this instrumental, in full or in part to any

creditor or creditors from time to time as the Trustees may deem necessary, and

also to the reduction and final payment of the principal of said mortgage

indebtedness.

Fifth: For the cause of Orphans, as hereinafter provided.

II.

Upon the death of the Grantor, the Trustees shall make, execute and deliver to

Curtis P. Iaukea, of Honolulu, a deed conveying to him, absolutely and forever,

(subject only to said mortgage if the same be not then discharged with respect

thereto) all of the land and improvements thereon known as the Lele of

Hamohamo, at Waikiki, adjoining his wife's land at Kaluaolohe, containing eight

acres a little more or less.

III.

The Trustees shall also, upon the death of the Grantor, set apart certain portions

of said trust property, as below specified, for the personal use and occupation of

the following named persons, during their lives only, respectively, namely:

(1) For John Dominis Aimoku, the premises known as “Washington Place”,

with the appurtenances, on Beretania Street, in Honolulu, for his lifetime, and on

his death to the lawfully begotten heirs of his body during their lifetime (or so

long after the death of said John Dominis Aimoku as the law will permit, with

reversion then to the Trustees).

(2) For Joseph Kaiponohea Aea, the premises at Waikiki known as

“Kealohilani”, with the appurtenances and the Fishery of Hamohamo, for his

lifetime, and on his death for the lawful heirs of his body for their lifetime (or so

long after the death of said Joseph Kaiponohea Aea as the law will permit, with

reversion then to the Trustees).

(3) For Nakanealoha, and J. Mana her husband, of Pauoa, Honolulu, and the

survivor of them, all those premises on Ohua Lane, Waikiki, designated on the

Map of Hamohamo as Lot No. Two (2); reversion to the Trustees.

(4) For Anaole, and her daughter Keliiakahai, of Honolulu, and the survivor

of them, Lot No. Five (5) on said Ohua Lane, Hamohamo, Waikiki; reversion to

the Trustees.

(5) For John Kiaaina, and Keoki his wife, of Kamoiili, Oahu, and the survivor

of them, Lot No. Six (6) on said Ohua Lane; reversion to the Trustees.

(6) For Robert von Oelhoffen, and his wife, of Lahaina, Maui, and the

survivor of them, Lot No. Four (4) on said Ohua Lane; reversion to the Trustees.

(7) For Naheana Paia, of Honolulu, Lot No. Seven (7) on said Ohua Lane;

reversion to the Trustees.

(8) For Mainalulu, and Nauhane his wife, of Honolulu, and the survivor of

them, Lot No. Eight (8) on said Ohua Lane; reversion to the Trustees.

(9) For Loe (w), of Honolulu, the house and premises now occupied by her at

Muolaulani, Kapalama, Honolulu; reversion to the Trustees.

(10) For Hakaui, and Kainalu his wife, of Honolulu, and the survivor of them,

the lot of land now enclosed and occupied by them at Muolaulani, Kapalama;

reversion to the Trustees.

(11) For Mary K. Kahalepuna, of Waikiki, Lot No. Three (3) on said Ohua

Lane; reversion to the Trustees.

(12) For S. K. Mahoe, and Emalia his wife, of Waialua, Oahu, the premises

known as “Punamoenui” and “Punamoeiki”, at said Waialua; reversion to the

Trustees.

Such of the foregoing parcels of land as are affected by said mortgage shall

remain subject thereto pending payment thereof unless previously released

therefrom.

The taxes and expenses of maintenance of said several properties described in

the foregoing paragraphs numbered from “(1)” to “(12)” inclusive, shall be borne

by the Trustees as part of the general expenses of the trust administration; and

the Trustees shall use their discretion regarding the necessity of the same.

It is hereby expressly provided, that if for any cause, legal or otherwise, anyone

or more of said specific portions of property hereinabove numbered as

paragraphs (1) to (12) inclusive, shall fail to be available for the use of said

several persons as above intended, the Trustees may in their discretion make

some substitute provision therefor; and their power and discretion in making

such other provision shall not be reviewable by any person.

IV.

The Trustees shall also, upon the death of the Grantor, make absolute payments

of One Hundred Dollars ($100.) to each of the persons next hereinafter named,

to-wit: (a) Mahiai Robinson, (b) Aki, the sister of said Mahiai Robinson, (c) Mrs.

Mary Auld, the widow of Wm. Auld, (d) Mary Pahau, and (e) Mrs. Kahae

Kalehua; for the sole and separate use of each of them, respectively.

V.