The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-02-02
DIGEST OF HAWAIIAN LAWS.
by M. Thompson of the Honolulu
Bar.
("wILLs" CONTINUED


THE DISQUALIFICATION of will is an act
done by the testator, from which it can be
concluded, that he intended an instrument
which had been revoked by him should
operate as his will; or it is the re-execution
of the will by the testator, with view of
giving it full force and effect. The repub-
LEGATION is express or implied. 1t is express
when there has been an actual re-execution
of it; Yes, 440; 2 Rand, 1872. 1t is i'm
piled when, for example, the testator, by
codicil executed according to the statute of
wills, reciting that he had made his will,
added, II hereby ratify and confirm my
said will, except in the alterations after
mentioned" Com. R., 3S1; Bro. p. c., s5.
The will might be at distance, or not in
the power of the testator, and it may be
thus republished. 1 ves., 437; Bling, ia;
4 Bro. C. c., 2. The general rule may be
said to be, that will can be republished
only by an instrument of as high nature
as that which revoked it, Thus will once
revoked by written declaration cannot be
republished by parole. 2 Conn.,, 81; 9 Johns,
312; IL Ird., 355. The intention of the tes-
tator to republish must be clearly proved.
1 Grant, Gas. 70; Wharf, 103. It is
doubtful if parole evidence alone is suf-
icient. 10 Ird. L. 459. Constructive repub-
LEGATION is effected by means of codicil,
unless reutralized by internal evidence of
contrary intention. I Phil. EccE., 149;
Green, Ch., n. J., 22O; Jarm., on wills,
| 231.
The republication of a will has the effect,
| 1st., to give it all the force Of will made at
| the time of the republication; if, for ex-
| ample, q testator, by his will, devise ''all
his lands in Al then revokeS his will, and
| afterwards buys other lands in A., the re-
| publication made after the purchase will
/ pass all the testator's lands in A. Gro.
Eliz., 493; P. W.. 275; 2 dly. 1t sets up a
| will which had been revoked. Hill. Alb,
400; 2 Lomax. Dig. Tit, % CHI. 6. The re-
l publication of will operates the revival of
| all previously revoked, and brings down the
| language of the revoked will to the day of
republication, and thereby disposes of prop
erty, not passing by the will as originally
! made. Will on Elk. 102 to LOG; Johns.
Oh. r., 375; Dessa., 4S2.
"Every person sentenced to i'm
prisonment for life shall be consid-
cred civilly dead, and the same dis
position shall be made of his estate
as if he had died on the day sentence
was pronounced; aud any last will
and testament, or codicil, he may
have made prior to that time shall
take effect in the same manner as il
he had died on that day" Civil Code,
1882, p. 81.
"But no disposition of any estate,
either by will or otherwise, after the
arrest for crime of which the prisoner
was convicted, whether the sentence
is for life or otherwise, shall have
any advantage or preference over the
claim of any person entitled to dam.
ages for private injury committed by
the criminal, unless such disposition
was made for valuable or equiva
lent consideration to person igno.
rant of the arrest" To.
mo written will shall be allowed
to be proved after the expiration o.
five years after the death of the ties.
tator; provided, however, that where
any minor is interested in the estate
one year shall be allowed after his
arrival at full age, to cause such will
to be proved and allowed" Ib. 480
The term will includes codicils. Ib
4SI.
PROBATE OF WILLS. MATTERS o.
probate and of administration shall