Legal Notices of Olde...

Alfred William Jones--the son of William Ap Jones and his wife Kauhiaka, died on 19 March 1887 in Lahaina.  "Alfie" and his sister Clara Kauhiaka Jones (Naki) inherited the Ahupuaa of Lupehu and Pohakupili from their father William.  Alfie took out a $225 mortgage on his 1/2-share of both Ahupuaa with Bishop & Co. of Honolulu.  The mortgage terms required repayment in 4 installments over 2-years.  After making the first three installments, but before he could pay the final installment--Alfie unexpectedly and prematurely died at the tender age of 26. 

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you to the actual newspaper

What happens when a decedent's family goes through the whole Probate procedures in Probate Court, and have the following Legal Notice published?  Note the part that states "...all persons having [any] claims secured by Mortgages or otherwise [against] the said estate are notified that they must [present] the same...within six months from the date hereof, or they will be forever barred:"

Clicking the above picture will take

you to the actual newspaper

These notices are required as part of the whole Probate process, and are dictated by the Courts.  One would think any and all verbiage within the notice is legally binding.

After the six-month period expires, the Mortgagee forecloses on the property. 

Clicking the above picture will take

you to the actual newspaper

Clicking the above picture will take

you to the actual newspaper

In the late 1800's and early 1900's, the newspapers were cluttered with these notices.  If you do a little "sleuthing" (usually looking at

newspapers 6-months after the issue which the original Administrator's Notice first appeared), you'll find a Foreclosure Notice.  Some Hawaiian families lost entire Ahupuaa this way, even if their ancestors' families had the money to pay off the mortgage and settle their loved one's debts.  In many cases, the Courts not only condoned it, but actually forced the sale of the property!

Another observation I've made, after pouring through these old newspapers--there seemed to be a disproportionately high incidence of [premature?] deaths amongst young people who held title to large pieces of land and took out mortgages against their land holdings.  Mere coincidence?  Maybe mortgagors unfortunately are predetermined at conception, to inherit a disease that will kill them at an early age...or maybe mortgagors are just more apt to get into "accidents"...

All observations aside, both Ahupuaa inherited by Alfie and Clara were eventually sold at auction.