The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1893-06-06
OPINION OF THE COURT BY MR. HARTwELL

OPINION OF THE COURT BY Mr.. HARTwELL.
The following is the statement of
facts agreed:
George Wood died in Honolulu
in the year 1867, having before death
made and executed his last will and
testament, which will has been duly
admitted to probate by the Supreme
Court, q copy of which is hereto an
nexed and made part hereof.
"The fifth clause or item Of said
will is as follows:
Subject to my debts and the lega-
cies hereinbefore granted with which
first charge my estate, / give and
bequeath all my property, both real
and personal and mixed, to my be
loved daughter, Eliza Vincent Wood,
and her heirs, the same to be held in
trust, however, by my executors here
in provided for during the natural
same is to be managed and CONTROL
they accounting for and paying over
to her the income from the same up
on her reasonable request; and upon
her decease, In case sine has not during
her lifetime disposed of the said estate
by will or otherwise, 1t is my will
that my executors shall distribute
the said estate aud any increase
thereof among the legal heirs of my
said daughter, according to the law
then existing for the distribution of
estates of iptestates.'
"The sixth clause or item of said
will is as follows:
Jordan and appoint Captain Ben
jamin f. Snow and Charles r. Bish-
op of Honolulu executors of this my
last will and testament and guardi-
ans OF the persons and property of
my daughter, Eliza Vincent Wood,
and In case of their decease or refns
al to take the trust, whatsoever the
Court of Probate shall appoint to ex
ecute this will shall be and is hereby
vested with all of the powers and
rights granted by this will to my ex
ecutors named by me. and it is my
will and the persons hereby appoint
ed my executors and guardians of my
daughter or whoever may he ap-
pointed to fill their places as how
ever provided shall during the natur
al life of my said daughter hold my
entire estate, real, personal and mix
ed, In trust, and manage and control
the same for the best interest of the
lsgatees hereinbefore named, and out
Of the income of the same pay the
legacies and requests as hereinbefore
provided, and that upon the decease
of my daughter, unless she has by
will or otherwise disposed of her in
terest In my estate as granted by
this will, to distribute the same
among the legal heirs OF my daught-
er, according to the law then existing
for the distribution of intestate es-
tates, subject to any charge upon the
same then existing to pay the annui-
ties or allowances provided for in
this will
THE said Eliza Vincent Wood af-
forwards intermarried with one W.
NJ. Austin, who died leaving him sur
viving the said Eliza Vincent Austin;
that no issue were born of said mar
riage.
THAT after the death of said w.
M. Austin, his said widow intermar-
ried with the said r. w. Holt, and
that on the day of December,
1891, the said Eliza Vincent Holt
died leaving no issue her surviving
nor having had issue by said r. W.
Holt; that the said Eliza Vincent
Holt, before her death, made and ex
ecuted her last will and testament,
which will has been duly admitted to-
probate. copy whereof is hereto an
nexed and made part hereof.
THAT under the said last will and
testament the whole of the estate of
SAID Eliza Vincent Holt was devised
to her said husband, r. W. Holt.
''Tbat the said Ono luke is a bro
Their of the said Eliza Vincent Holt,
and that she left no other heir at law
her surviving, excepting her said
husband and her said brother.
That all the annuitants mention
ed in the will of said George Wood
are dead
"The question in difference be
tween the said Ono luke and the said
X. W. Holt. is as follows:
What If any estate does the
said Ono luke take, being a
brother of said Eliza Vincent Holt
under and by virtue of the terms and
conditions of the last will and tesla
ment of the said George Wood, the
said Eliza Vincent Holt having made
and executed in her lifetime last
will and testament, which has been
duly admitted to probate"
1t IS unnecessary to set forth the
copies of the wills above mentioned
1t seems to us that the will gives
to the daughter the fee in the tesla
tors real estate and the absolute
ownership of his personal estate
The words of the will are, Il give and
bequeath all my property to my
daughter and her heirs" The pro-
vision that the property be held,
managed and controlled by the exc