The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1881-02-12
TIE PACIFIC
Commercial AOOertlsfr-
SATURDAY,. FEBRUARY u, 1881.
Supreme Court of the Hawaiian Islands
January Term, 1881.
Is THE MATTER OF THE ESTATE OF HIS LATE
MAJESTY LUNALILo.
Before Harris, c. j., and Nc Gully, J.. j.
OPINION BY THE CHIEF JUSTICE.

OPlNlON BY THE SHlEf justine.
The application for instruction sets forth, that
the Trustees of this Estate have leased the Iii
of Pau, near Honolulu, Island of Oahu, for ten
years. from the 3lst day of January, 1880, for
1856 a year, with privilege to the lessee OF extern
sion for five years more.
They have further leased the sea fishery Of
Waiehu, on the Island Of Maui, for the term of
five years, at the rate of $3.50 per annum.
That they have confirmed the lease Tor the
land of Keaau, Island of Hawaii, made by the
late Charles Kanaina, for % years, from the
lst day of October 1874, which is equivalent to
renting for nearly % years from the death of
Chas. kanaina, which occurred 10Th of March
1877, at $500 per auuum and taxes.
And the application still further sets forth, that
there is a small piece of land inside Of the aGore-
said lii Of Pau, which the Trustees of the Estate
have the opportunity of buying; and that the
possession OF the said piece of land is essential to
the value Of said lii Of Pau.
The application further sets forth, that the
said Trustees are uncertain, at the present time,
as to their authority to negotiate and execute
leases Of the said trust estate; and therefore,
pray for instructions as to their authority or the
the ACCESSIBILITY OF leasing the same.
At the hearing, it was strongly urged upon us,
that these leases were advantageous, and were
justified by the words in the Will, Il hereby
order and direct that the said Trustees shall
apply the nett RENTS, issues and profits, arising
from the principal sum. etc And the word
s. rents" it is said, would involve the idea, that
some land might be rented.
And we were further urged, at the hearing,
that in case we should be of tile opinion, that
the Will does not give the authority to lease
lands, we should ratily and justify the leases
above set forth.
This would be manilestly impossible for the
Court can only interpret the VIII, and can give
no authority not conveyed by it, so that the only
thing for us to investigate Is what authority the
w -An - FFhan rArI- xuInf NNvaS fhO
intention of the Testator. On that point, the
Will states that the estate is to be held by the
Trustees for the following purpose To SELL
and dispose of the said real estate "a. e., all of it)
to the best advantage. at public or private SALE,
and to INVEST the proceeds in some secure man.
ner until the aggregate sum shall amount to
$25 600, or until the sum realized by the said
Trustees shall, with donations or contributions
from other sources, amount to the SAID sum of
S25 600; then, l order the Trustees Ito be APP
pointed as aforesaid) to expend the whole amount
in the purchase Of land, and the erection of IL
building or buildings, etc."
But it is said that the sum already realized,
amounts to more than $25 900 therefore it is
not necessary to sell any more land. The
answer is, that the whole land is devised to the
Trustees, not to hold, but tn sell, so that money
may be procured w%herewith to aid the infirm.
The Testator did not wish to invest in land his
wish was to invest in an I%nfirmary, and to obtain
the means OF maintaining that lnfirmary and It's
occupants. This is more apparent when the
next clause Of his Will is considered in which he
adverts to his charity, which reads as follows
. But in case sufficient buildings shall have
been provided for the use and accommodation OF
poor, destitute and inGrm Hawaiians - that is,
provided from other sources as above indicated.
Now, what does the Testator do? Does he
direct that the sale of land shall stop? BY no
means. But he goes on to say" | hereby order
and direct, that the said Trustees shall apply the
net rents, issues and profits arising from the
principal sum, REALIZED from the said real estate,
when SOLD as AFORESAID, towards maintaining the
said buildings in repair and their improvement
and towards the support and maintenance of the
inmates" Thus providing again, that the estate
be sold aid the proceeds invested in some secure
manner. This is the only authority given by the
will. The whole tenor Of the will, is to the effect,
that the whole Of the real estate shall be turned
to ready money which can be readily used to
found this Infirmary, if it shall only amount to
S25 900 and if more should be realised either
by the contributions of others charitably disposed
persons or otherwise, then the estate thus re-
duced to ready money is to be used for the pur-
pose of improving, enlarging and extending the
accommodation and maintaining its inmates.
The Trustees therefore have no authority to
lease, and still less authority to buy any real
estate; and all leases effected by them must be
utterly and entirely void. 1t is the duty of the
Trustees to sell this estate, and we do 50 advise
and order.
Mr.. 5. B.. Dole for the Trustees.
Honolulu, February 7, 1881.