The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-12-26
In THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.
JUNE TERM, 1896.

JUNE Term, 1896.
FRANK P. HEMEN u. LYDIA K, KAMAKAIA,
QUESTIONS RESERVED BY CIRCUIT JUDGE FIRST CIRCUIT.
SUBMITTED JUNE IS 1896. DECIDED DECEMBER 10 1896.
JUDD, CD, FREAR AND WHITING, j.
esaor devised lands his wife and several daughters
of heirs
however
mentioned in this
another but it
shown by this dOu
divided equally according
respective rights" will referring
opinion of the
court One of the daughters L.
had child and then
afterwards died L. conveyed to
H in fee devised her. Held
shown by the context to
defeaibl the death without
therefore,
l.. surviving
aor in other words the devise was not by way OF sub
imply a
partial restraint the of alienation
coupled is the devise
descend" in the of go or pass by will
in the of
a law,
TO mean an indefinite failure of issue are shown by the context
failure and therefore LIS fee simple
be estate tail even estates tail existed
in country.
born is having child
living surviving" and,
child although the child after
died during LIS lifetime.
An LIS deed to H
OPINION OF THE COURT
This for breach of of sesn and of
right sell and in fee simple contained in deed made
November a. 1884, by the defendant to the plaintiff of
portion of the land described Lot l. r. p 1741 L. c. A.
1884, Pkoi 1t is alleged that the defendant not
seized and had right sell convey fee simple because
she had only life estate or at most an estate a under the
will her father said iona Pko The main question at ISSUE
by demurrer what did the defendant take under
her fathers WILL copy of which made part of the declar-
alton!
The will the Hawaiian language and the following
ransaions of such portions material the My
property shall be divided heirs follows: Then
follow five articles which certain real and personal property
devised and bequeathed the estator wife, his each
daughters of whom the defendant and his
fosterdaughte respectively These articles framed IN
much the same v The one devisng the land in question
defendant reads thus: ''3rdTO my daughter Lydia
Kekahi the house-lot Peeula, Kueana 1884, Apana l.
Royal Patent based upon award of the Land Commission
and the Hi Alma Kaneohe o. Mikioa by name, and one
carriage and the driving horses Pkua and laepuu by
name and the three riding horses Keoni Hikaka, and kka
by name After these deve and requests the teaor
continues "6thSnce have divided in the words above
all the property among heirs therefore the things the
land of each of them and the houses thereon and the other
things apperanin the property divided order that
shall be embarrassed these things shall with the things
belonging them according their shares if given
another by this document The 9TH article mmatea The
which has principally given rise this controversy IS
also this, perhance any of my heirs
toned above child his however does
apply wfe) part of his or her share mentioned in this
shall pass if he she wills another; but
descend his her brother sisters shown by this
document their descendants and shall be divided equally
according their respective rights The will contains three
other articles providing respectively for the guardianship OF
daughters during their minority, the disposition of the
any, of estate, and the nomination of executors
alleged in the declaration that the defendant survived
the and married and had lawful ISSUE that this
married and had lawful ISSUE and then died. and that
this last mentioned also died. leaving his mother
surviving him and now living.
here the following questions reserved by
the Circuit Judge:
L What did Lydia T. Kamakaia, Piiko, take
real devised to her by the will of her father iona