The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1894-04-26
OPINION OF THE COURT BY JUDD, CD.

OPINION OF THE COURT BY JUDD, CD.
This is an appeal from a decree of
distribution of the Circuit Court
First Circuit in Probate, whereby
the estate of one D. Ehu who died
intestate was awarded to kea and
Laepaa, and the appellants Male,
Lizzie Keaka, Kahalehins and Kalo
were excluded from participation IN
the estate.
The facts necessary to the proper
understanding of this case are as
follows:
The estate was originally owned
by one Luka. She married one Emu,
the decedant, and had son by him.
Luka died leaving her husband Ehu
and her infant son. By the statute
of descent the son inherited the land.
The son died in infancy and by stat
ute Ehu inherited the property.
Then Ehu died intestste, leaving
Kea and Laepaa I'd, his full sisters
by their common parents keawe (k)
and Laepaa 1 (w)-and also the
children of Kaaikapu, a half brother,
whose parents were Laepaa wv and
Makaiaonaona, former husband OF
Laepaa l. The children and heirs
of Kaaikapu are the appellants
above named.
The question is whether the
children of Kaaikapu, the half broth
er of Ehu, inherit equally with his
full sisters.
The statute of descent contains
the provisions, Sec. 1854 Civ. Code,
that "the kindred of the half blood
shall inherit equally with those OF
the whole blood IL the same degree;
nrovided. however, that where the
inheritance came to the interstate by
descent, devise or gift, of some OF
his ancestors, all those who are not
of the blood of such ancestor. shall
he excluded from such Inheritance. !"
In the present case the estate Came
Ia the decedent intest tate Ehu, from
his infant son. The son IS therefore
tho "ancestor" of his father. 1t Is
we'll settled by repeated decisions
that in statutes of descent the word
ancestor does not have its popular
meaning as the one from whom an
other descends, but the one from
whom an estate is immediately III
herited. Prickett V. Parker, Ohio,
3o5. Brewster v. Benedict, Ia Ohio,
1856.
Greenlee V. Davis, 10 Ind. 90.
2 Wsshburn Rel Bfop. PIP. Ala
and Ais ed. of 1922 Counsel Tor
contestant urges that it is absurd to
call a son the ancestor" OF his
father. but the Circuit Judge rightly
held that according to the meaning
of our statute he must be SO consid-
cred We. as above Indicated, sus-
tain this view.
The statute allows the kindred OF
the half blood to inherit equally with
those of the whole blood IN the same
degree, the exception beng tha'
those who are not of the Dloou OF TIE
ancestor from whom the estate came
to the decedent are excluded. Line
parties In this case are the appeiIees'
the full sisters of the decedent Emu
and the appellants, VINO are tue
children of Ehu's hail brother-
The son Of Elm being the ancestor
from whom tho estate came 10 MIN,
to exclude the appellants they must
be not "of the blood OF the son OF
Ehu. They are Of his blood; Tor
their father Kaaikapu had the blood
of Ehu, they two having the same
mother, and, consequently. haalkapu
was soft the blood" of Ehu's son
Kaaikapu being in the same degree
with Ehu's full sisters (the appellees
his (Kaaikapu's) children take theii
fathers share by right of represen
tation.
The statute does not say that to
inherit, the person must be OF the
"full blood" of the ancestor Inc
word FULL is not in this part OF the
statute and this meaning would be
Inconsistent with the first part OF the
statute which allows the halt blooG
to inherit equally with the 1ui
blood. There is abundant authority
For this position. Washburn IN his
work on Real Property. Wash
r. p. D. 412, says that when refer
ence IS made In the language OF
statute regulating descent to such al
ara s. of the blood" of the person
from whom the estate came a fatnel
"a accounted to be of the blood OF ms
danohtern Citing Cole v: Batley,
Chris Cir. CT. r. 562. This case 81
Said On the authority of Gardner v
Collins. 2 Peters 58-S7. This east t
decided by the Supreme Court o.
The II. s. in 1929 holds IN the opln
ion delivered by Mr.. Justice story OF
. y statute OF descent identlca
With onrs that the phrase OF tht
blood in the statute lnoiuoeS 'n'