The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1869-11-24

BEFORE HARTwELL, ].


IN Re, Estate Of Hdnndh MdEghdn, deceased.
The petitioner, Pauahi, (her husband join
ing, by petition filed in this court Aug. 10th,
1869, asks to be decreed sole heir to the
estate of Hannah Maughan, widow, deceased,
by yvirtue of the following articles ofadoption:
"Articles ofagreement made and concluded
this twenty-seventh day of August, A. D. 1855
between Moewale the father and only sur
yiving parent of Pauahi, a female child about
thirteen years old, and Hannah Maughan of
Honolulu, witnesseth: That the said Moe
vale does hereby give unto the said Hannah
Maughan his child, the said Pauahi 10 be
adopted by her as her own child, and doth
release all control and right over the said
child unto the said Hannah Maughan in con-
sideration Of the covenants herein after en-
tered into by the said Hannah Maughan, and
the said Hannah Vaughan agrees to adopt
the said Pauahi as her own child and to
clothe, educate and in every way care for the
said child as becomes the duty of good
parent. As witness our hands and seals the
day and year first above written.
[Signed.l MoEwALE o.
[Signed.J HANNAH MAUGHAN o.
Personally appeared before me the above
named Moewale and Hannah Vaughan and
acknowledged that they had executed the
written Instrument for the purposes therein
mentioned. In witness whereof have here
unto set my hand and caused to be affixed
the seal of the Supreme Court at Honolulu,
Oahu, this 9th day of August A. D. 1855
G. NJ. ROBERTSON,
Associate Justice of the Supreme Court
Registrar Office, Honolulu
July 18th, 1869
hereby certify that the foregoing is true
and correct copy of an Instrument on record
in this Office in liber on pages 769 and 40
OF miscellaneous Records.
THOMAS BRowN,
Registrar of Conveyances"
The facts proved in this case show that
Hannah Maughan died intestate at Honolulu,
June 23d, 1869, leaving no issue, but leaving,
as her sole surviving blood relative, a sister,
Nancy Writ, who, at the hearing, contested
the petition, and claimed as sole heir of her
sister. As appears by the records of this
Court, in Probate, the decedent's husband,
Captain Joseph Maughan. died at Honolulu,
March 29th, 1858, and by his will, duly ad-
mitted to probate May S0th, 1858, devised
certain real estate to his wife Hannah, for
life, remainder to his children by former
wife; and also bequeathed to his said wife a
share In the proceeds of certain other specific
real estate, and in the residue OF his estate
The decision was rendered Dec 10th.
PER CURIAM: Out of regard to the i'm
portance of this question, and from the fact
that now, for the first time, it seems to have
come up on argument, for solemn decision, !
have considered, somewhat at length,
the statutes and the principles of law which
seem applicable.
l am not aware that the view have taken
in this matter will commend itself TO the
reason of the majority of this Court. Con-
fident as l am in that view, know well how
ever, that it will net establish the law and
tend to the desirable result of giving assur-
ance to holders of land titles, and allaying
litigation, unless that view be based on
enduring foundations.
The statutes providing for adoption and
descent of property are as follows:
alt shall be competent to parents to con-
sent in writing, and in the presence of a
Judge, to the adoption of their children by
any suitable third party; but in that case,
the terms Of the adoption must be defnitively
stipulated in the agreement, and must not be
a beneficial consideration to the parents, but
to the child, satisfactory to the judicial Off
Ger acknowledging the adoption. All such
acts shall be recorded by a notary, as in and
By the fifth part of this Act provided. Every
person so adopting child, shall become IN
ldr entitled 10 the parental rights 0Uer him dur
ing minority, and liable from the ddy Of Gdop-
ton 10 all the parental duties and obligations. ="
lSec 3, Chap. l. Part ), of an Act to organize
the Executive Departments, approved April
%, 1916, the Chapter being entitled "Of the
Parental Duties" "
Sec 6, ID, provides that the rules of de-
scent and of natural inheritance shall be those
defined by the Civil Code, although no Civil
Code was enacted until May, 1859. The
statute of 1850, upon the descent of property,
is substantially the same as Chap. 80 of the
Civil Code. Sec. z, of the Act just cited,
provides for the education of children by
parents, guardians and Gdopters. Sec. /, of
Chap 9, H., entitled, "0f the Filial Duties, :"
prescribes the duty of children to obey pa
rents, and "if adopted, as by law allowed, :"
to obey "the parents by adoption. Sec. 4,
10, provides that children, after becoming
of age, shall support their poor and aged
parents; provided, however, that no child,
hasiRq assumed obligations towards his
adopted parents, shall be obliged to maintain
his natural parents" Sec. 6, 10, provides
that children legally adopted during their
minority, shall be liable only "to do the
flial duties prescribed by law towards pa
rents; provided, however, that in case the
adoption of child shall have endowed such
child, upon attaining majority, with an outfit
or settlement in life, the child, by accepting
such endowment, shall be deemed to have
assumed the tilial duties towards his or her
adopters, due from a child to its parents
after majority" Sec. IL, Chap. 2, Part 5, To-,
provides that the act of adoption shall be
void, unless the written act and terms of the
adoption, attested by judicial officer of this
Kingdom, be duly recorded. (Sec. 1868 OF
the Civil Code declares that without such
recording, the instrument "shall not be
binding, to the detriment of third parties "
Sec 8, Chap. 4, Part l, 10, provides for
courtesy, or the husbands right to a life
interest in the real estate of his deceased
wife, in the event of there being " Legitimate