Identity area
Reference code
Title
Date(s)
- 1847-1900 (Creation)
Level of description
Series
Extent and medium
67.3 cubic feet in 61 cubic foot and 2 5-inch boxes, and 24 oversize volumes.
Context area
Name of creator
Administrative history
On October 8, 1840, Kamehameha III granted the first constitution of the Hawaiian Kingdom, which vested the judicial power of government in a Supreme Court, consisting of the King as chief judge, Premier (kuhina nui), and four individuals appointed by the representative body. Island courts held by their respective governors functioned as circuit courts on their respective island. The island governors were given powers to appoint judges who functioned as district magistrates for the island. Chapter XLVII of the Laws of 1842 mandated that the Supreme judges assemble in Honolulu each June and in Lahaina each December to try cases appealed to them. Selection criteria for foreign and native juries were provided for in the Laws of 1842. The Third Act of Kamehameha III in 1847 titled "An Act to Organize the Judiciary Department of the Hawaiian Islands" created four levels of courts - the Supreme Court, the Superior Court of Law and Equity, four circuit court jurisdictions, and district courts.
By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. Appeals from the District Court of the First Circuit were heard in Intermediary Court. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court which now held both original and appellate jurisdiction for the island of Oahu.
Name of creator
Administrative history
The Supreme Court established by the Constitution of 1840 was abolished in December 1852 and reestablished by an 1853 act which mandated the transfer of the civil and criminal jurisdiction from the Superior Court to a new Supreme Court consisting of the three members of the former Superior Court. Pending cases in both courts were taken up by the new one
By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. Appeals from the District Court of the First Circuit were heard in Intermediary Court. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court which now held both original and appellate jurisdiction for the island of Oahu. The term Intermediary Court continued to be used when a Supreme Court Justice presided in that role.
In 1892, the functions of the Supreme Court were restricted to those of an appellate court. Its functions as a circuit court were assumed by a reestablished First Circuit Court.
Name of creator
Administrative history
On October 8, 1840, Kamehameha III granted the first constitution of the Hawaiian Kingdom, which vested the judicial power of government in a Supreme Court, consisting of the King as chief judge, Premier (kuhina nui), and four individuals appointed by the representative body. Island courts held by their respective governors functioned as circuit courts on their respective island. The island governors were given powers to appoint judges who functioned as district magistrates for the island. Chapter XLVII of the Laws of 1842 mandated that the Supreme judges assemble in Honolulu each June and in Lahaina each December to try cases appealed to them. Selection criteria for foreign and native juries were provided for in the Laws of 1842. The Third Act of Kamehameha III in 1847 titled "An Act to Organize the Judiciary Department of the Hawaiian Islands" created four levels of courts - the Supreme Court, the Superior Court of Law and Equity, four circuit court jurisdictions, and district courts.
By 1864, the First Circuit Court on Oahu was gradually phased out of existence and its judicial powers were transferred to the Supreme Court. In 1865 the circuit court was abolished, but the appellate jurisdictions in chambers remained as a function. Such proceedings were referred to as Intermediary Court, but the person presiding was called the First Circuit Court Judge. Appeals from the District Court of the First Circuit were heard in Intermediary Court. In 1874, the intermediary function of the First Circuit Court judge was transferred to the Supreme Court which now held both original and appellate jurisdiction for the island of Oahu.
In 1892, the functions of the Supreme Court were restricted to those of an appellate court. Its functions as a circuit court were assumed by a reestablished First Circuit Court.
Repository
Archival history
Case files have been microfilmed and cataloged as MFL 52. See MFL 126 for cases 3275-4084.
Some Hawaiian documents have been translated to English by the courts and Archives translators.
Immediate source of acquisition or transfer
Content and structure area
Scope and content
Contains cases 1 through 3274, probate minute books, and inheritance tax record books.
In order to divide the estate of a deceased person, probate proceedings were initiated and the division of property and wealth were adjudicated in the circuit courts and the Supreme Court.
Case files generally contain the following documents: petition for letters of administration; order of notice of petition for administration; affidavit of publication; clerk's minutes; order of administration; inventory of property; wills; petition for allowance of accounts and discharge in deceased estates; executors, administrators, guardians or trustee’s accounts; inventory of final settlement; order of notice of petition for allowance of final accounts and discharge in deceased estates; master's report; and order approving accounts and discharge. Case files usually provide death date and place of death and inventories of personal possessions. Files frequently list the names of surviving family members such as the husband, wife, children, father, mother, brothers or sisters, and other relatives of the deceased.
Adoptions and guardianships were filed with probate cases starting in 1859 when judges were authorized to legalize adoptions.
Minute books provide chronological documentation of the probate proceedings held in the judge's chambers. The minute books generally contain holographic copies of wills, petitions, inventories, orders, and judgments. Record books of inheritance tax are arranged chronologically and provide the date and amount of inheritance tax paid.
The Archives has physical possession of case files 3589, 3905, 4064, 4319, 5322, 5323, 5324, and 5363 as artifacts. The record copy of these records is in the custody of the First Circuit Court.
Appraisal, destruction and scheduling
Accruals
System of arrangement
Arranged in the following order: case files and minute books. Case files are arranged numerically. The minute books are arranged starting with probate minute books followed by inheritance tax record books in chronological order.
Conditions of access and use area
Conditions governing access
Conditions governing reproduction
Language of material
- English
- Hawaiian
Script of material
Language and script notes
Physical characteristics and technical requirements
Finding aids
Uploaded finding aid
Allied materials area
Existence and location of originals
The record copies of case files 3589, 3905, 4064, 4319, 5322, 5323, 5324, and 5363 are in the custody of the First Circuit Court.
Existence and location of copies
Case files have been microfilmed and cataloged as MFL 52.
Related units of description
Notes area
Note
Probate File No. 2991, 007-54, is not in files. See 007 volume 20, Probate Records of the First Circuit Court, Probate Minute Book volume 18, 1895-1898, pg. 23-24.
Probate File No. 3019, 007-55, is not in files. See 007 volume 20, Probate Records of the First Circuit Court, Probate Minute Book volume 18, 1895-1898, pg. 104-105
Alternative identifier(s)
Access points
Subject access points
Place access points
Name access points
Genre access points
Description control area
Description identifier
Institution identifier
Rules and/or conventions used
Status
Level of detail
Dates of creation revision deletion
Created on 1994-06, P. Lai
Revised on 1996-10, 1996-11, 1997-04, 2001-06, and 2002-06
Additions on 2002-11, A. Hoof
Language(s)
- English
Script(s)
Sources
Archivist's note
1994-06, P. Lai: Created
1996-10, 1996-11, 1997-04, 2001-06, and 2002-06: Revised
2002-11, A. Hoof: Additions
2020-09-09, Joel Horowitz: Entered into AtoM
2021-08-04, Carol Kellett: added a Note about missing probate cases; updated Archival History.
2021-08-09, Carol Kellett: updated Notes regarding Probate Cases 2991 and 3019.