The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-05-14
In THE SUPREME COURT OF THE HAWAIIAN
ISLANDS.

In HE SUPRENE COURT OF THE HAWAIIAN
ISLANDS.
IRENE HAALOU II BROWN a married woman and
GEORGE II BROWN and FRANCIS HYDE II
BROWN, minors, by their friend A. F. JUDD
and \. +. JUDD and SANFORD B. DOLE 4.
CHARLES a. BROWN
RESERVED QUEsr1oss OF LAW.
SUBMITTED APRIL 9, 1897. DECIDED MAY f. 1897
WHITING J., AND MEssRs. W. R. CASTLE AND P NEuNAsN
THE BAR, IN PLACE OF JUDD, CT, FREAR, J..
DISQUALIFIED.
personal
shall descend to heirs
Il daughter he as
GIere follows description specific
fee simple unless there subsequent
qualifying
direction should
she die without having had children the
mother, limitation
direction will appointing
they both to be and guardians
property daughter the first devsee
and receipts
from al he lands daughter, of
it all until he of children
during
dren" invests the appointees uron
P. NEUMANN, ESQ
This is suit brought by plaintiffs decree the
construction of the will of the father of Mrs
IL
which the executors and guardians entered and continued
to the trust committed to them is in these words: Gas
much necessary for understanding the decision only
inserted).
'eBefore Almighty God, Amen.
II John Ii of the City of Honolulu, Island of Oahu Hawai-
ian Islands, have made and making my will and do
declare publicly my last will and testament;
CATER paying all my debts all my property both real and
personal shall descend my heirs who mentioned below
First. Ii my own daughter is the first
heir follows list of lands follows, and onehf of all
personal property.
'second. Ny wife Maria Ii is my second heir
Devsing certain and and onehaf of all my personal
property and in wife marries again these lands shall
descend daughter she bequeah them any
Third My kaikana ]. Komoikenuelu is the third heir.
'By this will appointed and do hereby
appoint ]. Komoikehuehu F. Judd, they to my
and guardians of person property of my
daughter the first devisee mentioned in this will All the in
from the lands that leased and all other receipts from
all the lands of daughter they shall have the sole
of all until she of has children of her
they shall be the during the feimef daughter
and her children and wishes expressed in this
will and they shall receive compensation the provided
by aw'
"And my executors shall place my daughter
able place where she be educated in both languages and
child must be brought up in the path of rectude and
the first fruits received from the lands of my daughter
money received there shall be taken hereom
from each dollar which is set offering Gods
Kingdom the have done. And executors
carry out this request of mine
And further, if my daughter should die having borne
children, then the property shall descend her children and
shall descend her mother and if she should be dead then the
property shall descend my brother j. Komokehuehu"
The following questions of law reserved by the
below and certified to this court for its decision:
I. Was created in the property devised to Irene
Ii by the will of her father John Ii?
2 If such a created is the still in force
Irene having married. attained majority and had issue of said
marriage, which issue still survives?
g. If such still exists is the interest of Irene Ii
Brown under the absolute for life onlyE
a. If such still exists it such trust that the court
will upon the proper motion order immediate
of the property to Irene Ii Brown?
s. Has Irene Ii Brown fee simple title said property
is her estate for life only!