The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1861-03-28
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Commercial Advertiser.
THURSDAY. MARCH Is.


Two important decisions have been rem
dared in our courts during the past few weeks.
the first Of which involved the question of
Wills, and the rights Of a testator. This sub
ject has always and in every civilized country,
given rise to 4 vast amount of litigation, ow-
ing mainly to the cupidity Of heirs or deyisees.
in cases where doubts arise regarding the in
tent Of the testator, or where improper means
have been resOrted TO, to obtain a new will.
Numerous instances are on record where more
than the value of the estate has been spent in
litigation among the heirs or those claiming tie
estate. This litigation arises in part from the
indefniteneSs o. the language used by the tcs-
tator, but more frequently from attempts to
set aside the first will by one subsequently made.
either honestly or through dishonest means.
Fortunately. our courts have thus far had few
questions of this kind of any Importance. to
decide, most of the wills presented for probate
being of easy settlement but rs we progress,
and foreigners or natives die possessed of proper
", important cases must arise.
The Spaniard. Jose Nadal, who recently died.
and whose wills are now under adjudication,
was well known 10 most of our residents. Until
within a few weeks of his death. he WAS fire.
quently about town. vt the time of his deceass
his estate was supposed to amount u $1,000 or
more, bat We are Informed that il does not cx-
coed $500, though formerly he was worth
much more. The facts regarding the wills and
his death are conciscly stated 10y Justice Robert
son, in his decision published in the Poiyacsiau
of March ,, from which we quote
1t appears by the testimony that Jose Nadal died
in the Queens Hospital on the 81 Of August, width
er he had removed from Mlkiki about a fortnight be-
fore. On the DIST of July he executed = document,
in the Hawaiian language, IurpOrting 10 be a will,
by which he bequeathed all his property to Prince L.
kamehamehl, with L proyisO that he should give a
part Cf the property 20 the lecedent's daughter. Cat
alma Nadal, who resides ut Santa Barbara, in Cali.
fornia and on the 3Jth o! July he executed the
document now presented FOR probate. which i in the
English language, and dated the 3lst OF July, be-
q%ueathIng all his property 10 d" the Rev. DIR. Magrait,
Roman Catholic Bishop OF the Sandwich Islands, his
heirs and a~>sigus," and appointing William Brom-
ley Barnes his executor.
Objections were raised to the last will. that in
favor Of Bishop NIaigret, which vas the one be
fore the court, for probate, and the will was
contested On these grounds
First. that it is evidently the offspring of On insane
state Of miud-tte result Of mental terror. and not
of natural desire or intention; secondly, that the will
presented would carry the property to Bishop Mai
greet and his personal representatives,, not to the
Church, - Nadal intended thirdly. that if il was
made by the decedent FOR - the henef; and res; 81 his
SOUL II - n Will 10 suPeTsttlOus uses, and ought,
therefore. to be held void.
On the application for probate Of the will,
some months since. Chief Justice Allen had
given his opinion that it should be admit
ted for probate, from which decision an aP-
peal was taken by the contestants 10 a full
bench. In the paper referred to, appears a Sec
Ond decision given by the Chief Justice, sustaining
his first, in which ne reviews the testimony and
argues the case at considerable length. giving
1t as his opinion that
In the construction Of the will there i no doubt.
IL Is clear and explicit IN it, terms-and the inten-
ton OF the tss;ator i manifest, and To surmiSc or con-
lecture Of any Object Of what the testatOr may tc sup
posed to have had IN view, should be allowed 10 have
weight either IN giving construction 20 u will or III
defeating IL. IL must be proved, and 10 set aside the
clear and explicit terms Of a will by declarations OF
an uncertain intent and meaning. is against the prin-
ciPles Of construction recognized by ali legal writers.
On the other hand, Judge Robertson, in his
decision. gives it as his opinion that il has not