Identity area
Reference code
Title
Date(s)
- 1849-1917 (Creation)
Level of description
Series
Extent and medium
23.2 cubic feet in 21 cubic foot and 2 5-inch boxes, and 15 oversize volumes. 36 microfilm reels: 33 16 mm and 3 35 mm reels.
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.
Repository
Archival history
Some Hawaiian documents have been translated to English by the courts and Archives translators.
All probate case files have been microfilmed and cataloged as MFL 55. Probate minute books, volumes A through J, 1860-1902 have been microfilmed and cataloged as MFL 80.
Immediate source of acquisition or transfer
Content and structure area
Scope and content
This series consists of two sets of case files, an index, and minute books.
One set of case files covers 1849-1916 containing case numbers 1 through 1761; and another covers 1851-1917 containing A1 through A149. Files for case numbers 533, 1425, 1672, and 1745 were not transferred to the Archives.
In order to divide the estate of a deceased person, probate proceedings were initiated and the division of property and wealth were adjudicated in Circuit Court. Case files generally contain petition for letters of administration; order of notice of petition for administration; affidavit of publication; clerk's minutes; order of administration; inventory of property; 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, 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.
Probate minute books provide chronological documentation of the probate proceedings held in the judge's chambers. The minute books may contain holographic copies of wills, petitions, inventories, orders, and judgments. Probate minute books, volumes A through J, 1860-1902 have been microfilmed.
Appraisal, destruction and scheduling
Accruals
System of arrangement
Arranged in the following order: case files, index, and minute books. Case files are arranged in two numerical systems with overlapping dates. The microfilm copy has the same arrangement. The index to case files is arranged alphabetically. Minute books are arranged chronologically. Probate minute books on microfilm are arranged in alphabetical order by volume letter A-J.
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
Existence and location of copies
MFL 55.
MFL 80.
Related units of description
Notes area
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