The Hawaiian gazette., 1884-06-18

AEEH waaNEN EHDtNA NEaE 81 .HaAA NHa'|A hAAl
deervr Of disluegt,Sa ua3e BY ti0a. Abyara
FcrpaadeS. Circus Jedse. NaeI
TIE qursticu Submitted Is the ccasiruc,ieu
q the mi elsusr 81 ihe all 81 Bysydu,ap
~hieh Is - lollsws; - siVc and beqaeslh 10
my aarsh,ey Au,y Laura cnv hall u by laid
" NakaNso. 81 ahcut iee acrvs. c1e 'sfgr
belstssd ssd heddiss, oas barvau. oae taoie,
one eatnplcr trunk. the SMALL clock, aud onv
ball q 81 ~ rscssey and olaer personal pgclA-
erty with The ssn,c exceptions IS m artrcle Isl,
This property 10 be bcli IN tfasi tor her, b.
nv executors for her owu use, tgve trvn the
ecutrcl o. interference 81 Der husband, shoul3
sAe usrry,
rAe will i dated September 25,h. Isle, AID
Juha Bcardniaa aied ca o. about Nay 9th,
ISIS. Az the date CT the will, bis daughter,
Ausy Laura. uau,ed In The clause quoted Ws-
suuzrried. Al the deaGh Ct Tho Icsgatsg she
vas uparfie3, and Vas Mrs Lagra King, wife
q 6 N. r. King. NJ and Mrs Ains clain
HAT she IS erlislci l. the inu1eiia,e ocsvey-
Anee q the rial estate, ard dislributicn q The
rsrscnal property len heI BY the vii.
The Cirrpig J0tse has 50 decided, and the
gxrentcrs appeal
Tbs Esslish statute Of uses, which IS sub
,.Angially re-eHaete1 In Dosl q The Uniled
States, IS ret ulsde the Law here, II however,
rs FrNNi<2eus AfN leclll4 aNAell 1Als -sasf 10y
BE adopted BY car Courts,
See Sections "A and SIS Owl Code,
The eject Ct tie statute IS shown BY Tie
fsl,Cwius iiiustrssicr. I'll A. grants " BE-
ceSaihs lands u 3. sud his heirs. 10 trust foy
{ ard his heirs. The trustee L, will take roth
ing in the lard bat the legal title and The ben
esCial use Will vrsI Immediately in C.,
See Perry % trusts, See. ~
In plair case Ike this Nc Ihluk the STAT
ute IS wise. and that IL should Be followed
bere.
To The application cf the statute IN EusisHi
z,i elsewhere. there are certain well desired
exr-Ptious, ~ rather rules Of ccassrucSsa.
Which liuig he eject II the statute. One gule
''relaies to speeial " active trusts which were
sever within the rurvtcN Of the statute,
rhsrrlsgv II any ssvpey duty q power b IN
posed 90 The trustee, as ~ hHriiaIiou 70
trustee ard bis heirs to pay the reuts, % >
crrvry the estate, Or II any cuugrVl Is 20 b.
exercised, " duty performed by the trustee u
applyius the rents % a pessou's naintendBcs,
o. Il The purpcse Of The trgs. Is 10 protect ihs
estate fer \ given time, or Until the death q
sCuoe one Ia all these, 1ut ne ether lke cases
the operation q the statute Is excluded, aDc
the trusts or uses remain mere eiuitab,e es-
tates." ID Section SOS
Under this rule it Is we'll Settled that equjgy
vii permit stranger 70 give and settle prop
ersy upou married WCmln. o. her sole ard
separate use, tree frcE tie iugeTtege1ce and
cuuirul q the husbaad- ID SEC. sac
To create such a trust, nc particular firm q
ucrts IS necessary, bot the lltsnacu 20 ez-
elu6e the husband must te unequivccal, ard
Nhsu the s1eanils; i Clear The Oogrs shall carry
TIE intention into eEect,
III naF f=fHa#f
Al Section So, Perry On trusts declares;
''As before said, Il property = conveyed &c 4
single v0uaa Scr Der sole and separate use,
shs has The sane ccHtrgl Ct II before rarrtI-e
as If IL vas stys1 10 Der absolutely; bu. lie
hsaitstiou 70 her sole and separate use ult
take eject upon Der marriage.
THIS yie~ Is sustained By many augh0rusrs
N England ard il the uuitej States.
Il ) also held in usny cases JllE the tTgsi
1pplies to Successive cCvrrtures here the ~
tsrtigu 50 % apply L = elsar, tacugt a Tie
Death Of the krst h1sla1d tbc widow Bas Al
absolute power q disposal.
See u. Sc. SIS, Salrisy ~, >hirisy 2, P,Sc
5s+. See also Bishop ca ybs law Of married
Wgnsr, Sec.icus ia, SIS, SO, ia, ~, -
snd SO, #
At Seetscn Sl4, this wJItsr says an le;ai
PriacIple. and ca he prevailing au-lgrLl-s,
boil English and American, d. = ccupeisus %
Emit an estate &c the separate .use 0t a woman
yet uunlarried where no particular uarrisss =
e0cterl plated; and CO her afterwards becoming
covert sue will hold Il As her separate estate,
free trrm the control Of her husband. see
also BeEEy "a .rusls, Sec. 81 S1ch c1ctrIles
If IlioPoea wcGld enfores The trust IN this case.
T5s coarssI fer respondents however, a
ssIinsi tIese views, rvises upcr eases deciisd
IN Psnnsy lvlfis, and cited ia note 90 sectigu
So e Perry en- trusts. where ]. Is SAID that
In that State % create a valid trust for the
sole and separate use Of = woman It i nscss-
sary that she sAouid be married n tie tine,
or that she sh0Gii be in the immediate COZ
tsuplatioa Of a marriage See also Perry on
Trusts, Sec. SO, e the sane eject. And the
respondents ecanssl claims that this applies
70 the case IN hand, and i uors rslsvualls
than the ether doctrine, and leads 10 the abru-
gaEicu Of the Supposed trust
We are not nov prepared to say that the
counsel IS Wruug nor Do re think
i necessary to DO 80 IN ocisr &c decide the
question before Us
The trust, # any, declared in this case Is By
vii The provisions Cf vii are ordinarily
''aabglatgry' until the ieath CT the testIt0E.
See Perry "a Trusts, Sec 81 The rights Of
the e1scusnrS as such. and IS trustees, vested
At the death Of the tssrasOJ-
Rsi6eld "a Wills, p. l3s, Vol 8
TIE trust in this case If valid. IS strictly Of
= ssstaa1eutIry character. and cc1.t not pos
sibly arise or become vested until the death Of
he tezsatsr-
Redielt On Wills, Vol J. p. Is.
In the absence CT express Provisions show
inS Otherwise, i SiiI Is t. be CONSIDERED with
reference % the facts AM Circumstances exist
ing a the death of The tesator.
See Re3feld en- wills, Vel . ,.5Ts, $50, as
and 4t4
These are familiar and gudIspglsd Pri1cIplss,
and icgbtless the rights Of the isvisss, legz-
bee, and trustees IA this case became vested Il
the tssea.rr's death, tud not before At that
.ir1s the respondent WIS ! married woman. and
he contingency asHuCEed IN the vii bad &C. |
cured. Tue VII speaks Of her nights as they |
we're Affected By her coalition at the time OF 4
the testltnr's death If then, the words used 1
vsrs sufficient 70 constitute trust tlths sep I
lrans asa Of married voruln, the trustciainsd /
By the appellant IS estahfizhsd
On locking It the language Hsed n he Eiil, /
We have ~ io1bt Il Is amply Sufficient 20 e.
.ablish such a trust
See Perry ca TEsts, SsctiCg SIS and The II I
Stances fhers cited
Holding Il 70 Be a trust, = in fan Iccuri /
win the decisions IN the Pennsylvania cases-
M with HlsslQcher rs. R1binsCu's EIrgrs. /
8luu- l. s01- Il 5 4 trust n fIyJCof mar
ned Ecua1, u strict Obssrvazre CT the 3solar-
u intention ct the tessltGr.
The eIecatgus retain the property invested
with the trust 70 Puy the ilcume, rsnls and /
lru6a y the cssfuf T-s7 .-'sst daring her cuTsr-
zrs-
The decree must be reversed with costs.
z. u. Hlsch for s1scgt9rss P Mean nam for
frs. King.
Hc1rIula, Nay 2ssh. Iss4-
suprvms CSurs Of the Hs-aiiAn IsIHzis--
In Bazcus April Tsrz-lsS4.
FA CcLsr y. ( Z BAuET.
~ I.lt. 4 / MI, III LII IN