Polynesian., 1850-09-14
Bp Autbo ritp.

AN ACT
TO REGULATE THE DESCENT OF
PROPERTY BOTH REAL AND PER-
SONAL.
Be ii enacted by the House Of MOBILES and Rep
resentatires Of the HaWaiian Islands, TN Leg
islatire Council assembled,
SECTION l. That whenever any person
shall die intestate, within this Kingdom, his
property both real and personal, of every
kind and description shall descend to and be
divided among his heirs as hereinafter pre-
scribed.
SECTION 2. The property shall be divid-
ed equally among the intestate's children and
the issue of any deceased child by right of
representation; and if there is no child ofthe
intestate living at his death, his estate shall
descend to all his other lineal descendants !;
and if all the said descendants are in the
same degree of kindred to the intestate, they
shall share the estate per capita, that is,
equally; otherwise they shall inherit per
stripes, that is, by each Of the children TAX
ing a share, and the grand children, the
children of deceased child, taking share,
to be afterwards divided among themselves
III
ing P and E, sons, and K, a daughter, then
the estate will be divided equally between
the three children, they being all of on de-
gree Of kindred to the ntestate; or, if A dies
leaving no children, but leaving P, E, and
K, grand children, then the estate will be
divided equally between these three, they
being all of one degree Of kindred to the in
testate; again, if A dies, leaving P, a son,
and K and l., the children of his deceased
child E, then P will inherit one half of the
estate and K and l will take the other hall
between them, that being the share to which
their father f would have been entitled had
he been living;)
If the intestate shall leave no issue his es-
tate shall descend one half to his widow, and
the other to his father and mother as tenants
in common; and if he leave no widow, nor
issue the whole shall descend to his father
and mother, or to either of them if only one
be alive;
If he shall leave no issue, nor father, nor
mother, his estate shall DESCEND one half to
his widow, and the other halt to his brothers
and sisters, and to the children of any de-
ceased brother or sister by right of repre-
sentation;
II he shall leave no issue, nor father or
mother, and no brother or sister, his estate
shall descend one half to his widow, if any,
and one halfto the brothers and sisters of his
father and mother, and TO their children by
right of representation; and if he leave no
widow, then such collateral heirs shall in
herit the whole estate; Provided. always,
that ifthe estate came through either parent
the brothers and sisters Of that parent shall
hcr tot tto
If the intestate shall have been married
and leave no kindred but widow, then she
shall inherit all his estate; and if the ntcs-
tate be woman and leave no kindred but
her husband, then he shall inherit all her
estate.
SECTION 8. If the intestate shall die leav-
ing several children, or leaving one child
and the issue of one or more others, and any
such surviving child shall die under age and
not having been married, all the estate that
came to the deceased child by inheritance
from such deceased parent, shall descend in
equal shares to the other children ofihe same
parent. and to the issue of any such other
children, who shal! have died, by right of
representation.
SECTION 4. If at the death Of such child
who shall die under age. and not having been
married, all the other children Of his said
parent shall be also dead, and any Of them
shall have left issue, the estate, that came to
such child by inheritance from his said pa
rent, shall descend to all the issue of the
other children of the same parent: and if all
the said Issue are in the same degree Of
kindred to the said child they shall share the
said estate equally; otherwise, they shall
foE fto r,rhf IF
tion.
SECTION 5. Ifthe intestate leave no kim
dred. his estate shall escheat to the Hawaii
an Government.
SECTION 6. Every iIlegitimate child shall
be considered as an heir Of his mother, and
shall inherit her estate, in whole. or in part,
as the case may be, in like manner as if he
had been born in lawful wedlock.
SECTION 2. Ii any iIlegitimate person
shall die intestate, without leaving lawful is
sue, OF a widow, his estate shall descend to
his mother; but if he leave widow she shall
inherit one halfand his mother the other half.
and If his mother be not living but his widow
is, then his widow shall take the whole; 9th
erwise. his estate shall escheat to the Ha-
waiian Government.
SECTION g. The kindred Of the halfblood
shall inherit equally with those of the whole
blood in the same degree; Provided, howev-
er, that where the Inheritance came to the
intestate by descent, devise or gift of some
one of his ancestors all those who are not of
the blood Of such ancestor, shall be excluded
from such inheritance.
SECTION g. When any part of the prop
erty left by the intestate consists Of real es-
tate, and the same is to he divided among
several children, then the eldest child may.
after the property has been duly appraised
by a court Of Probate, elect to pay toI
the others the amount Of their shares in
money; in order that the land may not be
divided: and the same rule shall apply where