The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-01-21
DIGEST OF HAWAIIAN LAWS.
BY M. Thompson of the Honolulu
bar.

ERRATTA. the chapter on divorce !
read adultery instead of ''perjury'' at !
the end of the section in regard to CO.
habitation after divorce; and in the line |
next below that read 'sbed,'' instead
of "beg."]
A will is legal declaration of mans
intentions of what he wills to be per-
formed after his death. The testator's
body cannot be disposed of by his will,
because the law recognizes no property in
a dead body, and it is the duty of the
executor to bury it. q Amb. L. Reg. N.
S. sos. The terms will and testament are
synomous. Bac. Alb, Wills A.. Shep.
Tonch. 478. There must be a person to
take capable of taking; for, to render a
devise or bequest valid, there must be
donee IN esse or in Verunl nature, and
one that shall have capacity to take the
thing when it is to vest, or the gift shall
be void. Plowd. 345. The will must be
put in proper form. A will in writing
must be written on paper or parchment;
it may be in any language, and in any
character, provided it can be read and
understood. The date is no part of the
will. Parole proof is admissible to show
an error in the date of the will. Gill &
J. (Md.) 312. A married woman, by a
deed sf settlement vesting her real estate
in, he al
power of making will thereof. In such
cases the will must be executed with the
same solemnities as if she were .fen1e
sole. / Williams on Elk 40.
A coDIcn is an addition or supplement
to will. It must be executed with the
same solemnities A codicil is part of
the will, the two instruments making but
one will. Civil Code 1882 48l; Bro.
G. G. 55; 2 Yes. Elk. 242. There may be
several codioils to one will, and the whole
will be taken as one; the codicil does
not, consequently, revoke the will further
than it is in opposition to some of it's pro-
visions, unless there be express words of
revocation. Cowen R., Sc.
PERPETUITX may be defined to be any
limitation to take the subject of it out oil
commerce for longer period than life
or lives in being, and twenty-one years
beyond; and in case of a posthumous
child, few months more, allowing fol
the term of CESSATION, or il is such &
limitation of property as renders it in.
alienable beyond the period allowed by
the common law. Randall on perpetui
ties. 48; Gilbert on :,ses by sugden. 260
Cruises Dig, 80; 8 Chan. cases, 1.
This rnle of the common law is i'm
pliedly in force in Hawaii, inasmuch al
the judges 'fmay resort to the laws anC
usages of other countries,p in the admin
istration of justice. Civil Code 1882, 4
EVERY person of full age, and o
sound mind, may dispose of his es
tate, both real and personal, by will
sand any married woman may
dispose, by will, of all property be-
longing to her, in her own right, il
like manner as person under NJ
disability mig ht do" Ib. 479.
''Sound mind" The state of man.
mind which is adequate to reason ant
comes to Judgment upon ordinary sub
iects, like other rational men.
The law presumes that every per
son who has acquired his full ag
is of sound mind, and, consequently
competent to make contracts, and per
form all his civil duties; and he who as
serts the contrary must prove it by ex
plicit evidence, and not by conjecture
proof. Watts Sc; Ray Med. Jur. sec
go; Hagg. Fec. 434. Generally, all PEI
sons who may make valid contracts ca
dispose of their property by will. Thi
requires power of mind freely to dispos
of property. Persons devoid of under
standing, as idiots and lunatics, canno
make a will. BAG. Abr. Wills, B.: Swinb
pit 2, S 2; Gill g. J. 249, The testator
at the time of making his will, must hav
Qnin1un1 testoRdi, or serious intention
to make such will. If man, therefore
jestingly or boastingly, and not seriously
writes or says that such a person shall
have his goods, or be his executor, this il
no will. BAG. Alb. Wills c.; Com. Dig
estates by devise, D L; Serg. & R. 545
Yeates, 324; 5 Bihn., 400. The mine
of the testator must be free, and no
moved by fear, fraud or fattery. In sucl
case the viii is void, or at least voidable
Bac. Alb. Wills, c; Serg. & R., 269
Anyone has right, by fair argument ant
persuasion, or by virtuous influence, t.
induce another to make a will in his favor
Green, 420; S. &. r. I67. A will pro
cured by kindness, attention, and impor
tunate persuasion, which delicate minds
would shrink from, would not be Sc
aside on such ground alone. 4 Serg.
R., 27O. AS to testamentary capacity
see WINS. on Elk. Is to %; prt. c 16S
4 Was. c. c. R., 266; Is Ues. 81; 4 Bro.
G, AL.
mo will except such municipality,
wills as are mentioned in this chap
teri shall be valid, unless it be il
writing, and signed by the testator