The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1894-01-09
COURT CHRONICLE.
Somewhat Complicated Partition Case
Supreme Court Adjourns.

SOuII 0uJooihos
Argument was heard by the Su-
preme Court this morning in Will
liam Watson and others VS.. David
Watson and others, an appeal from
a decision OF Chief Justice Judd
sitting in equity under the old stat
ute. Achi for William Watson,
Amelia Silva, Roland Watson, David
Watson and George Watson; Cecil
Brown for j. p. Mendonca. The de-
cree appealed from ordered parti-
ton. Afterward two of the plain
tiffs sold out their claims under the
decree to Mendonca, who wants the
partition to he carried out notwith-
standing the sale OF claims.
After this hearing the term OF the
Supreme Court was adjourned sine
die.
Judge Cooper has rendered de.
cision in the Circuit Court on the
bill for partition OF Maria G. Ramos
ct al. vs. Nicholas and Enos. Maria
the plaintiff is the widow OF Aurelio
Fortes Ramos, and their three chill
dren--Anna, Rosa and Antone--and
herself are the plaintiffs in the case.
They claim that the defendants are
not the children Of Aurelio and have
no right to share in his estate. The
Court finds from the evidence that
Aurelio was married to Kaneiakama
in 1870; that Nicholas and Enos were
their children born out Of wedlock |;
that, after the death of Kaneiakama,
Aurelio married Maria and by her
had four children-Anna, Rosa,
Antoine and January; that January
died about eight months after
Aurelio, being about year old at
death.
II is further claimed by plaintiffs
that il Nicholas and Enos are legi-
innate children OF Aurelio and Ka-
neiakama, yet upon the death Of
Aurelio his six children became en-
titled to his estate in equal shares;
and that upon the death Of January
his share went TO his surviving
brothers and sisters by the said
Maria to tho exclusion Of Nicholas
and Enos; and also that Nicholas
has received his share in the estate
Of Aurelio by reason Of a deed OF a
certain house and lot, executed by
his father Just prior to his death,
such conveyance being in the way Of
an advancement.
Judge Cooper cites Section li4S,
Civil Code, in deciding that IL Janu
airy had been Of age when he died,
leaving no widow or issue, his share
in the estate OF Aurelio would have
been inherited by his mother to the
exclusion OF his brother and sisters;
but he having died when an infant
tho descent Of his share is governed
by Section 1ii9, and tho descent Of
his share is not restricted to his
brother and sisters OF the full blood.
This precludes the surviving parent
from participating in the estate Of
her minor child.
Upon the marriage of parties all
children who have boon born to
them out Of wedlock become their
legitimate children, which removes
any bar tn Nicholas and Enos shar.
ing in the estate Of their father
Aurelio.
Tho Court finds that the deed Ia
Nicholas was not given as an al
vancemeni, but in consideration Of
his personal attendance upon his
father during his last illness.
ut il found, therefore, as q mat.
ter Of law" tho decision concludes,
"that tho real estate OF Aurelio
should bs divided equally between
Nicholas, Enos, Anna, Rosa and An.
tone, subject to the widows right OF
dover; and an order appointing 8
commissioner to partition the real
estate in accordance with tho above
finding will be signed upon the ap
plication Of either party" j. A
Magoon for plaintiffs; Enoch John
son for defendants.