The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1897-05-14

Upon this point the of Hemen Kamakad' DECIDED
10th IIaw P 80 December Is, 1896, is conclusive III |
cited the say everywhere held that WORDS u
inheritance necessary in will TO carry the zee %
view supported decision in the case OF fo0
ct al T. D"h,"e ct al, ~ n. E. Reports, p 631.
"The testators intention to contingency to
happen after his DEATH effect the estate devised to the hrt
aker appear distinctly from the clear ana CONSISTENT
language of the whole will
Aside however of other considerations and following again
the decision in the of Hemen hdmdkdd by the pro
visions of this will the birth of child has made the estate
vested in the daughter Irene ndefeabe estate IN Zee SIM
pie. ct is admitted fact in this cause that child ana
children have been born to Irene Ii the devlsee!
The decision of this upon the preceding quesCoS
reserved renders unnecessary specifically the qu
tOns numbered 6, and s.
The will contains provisions and guardians
shall the income, and "of it all until she
age has children of her own In those words
lies the termination of the functions OF the executors OF
guardians trustees the Immediately following sem
they shall be the during the lifetime OF my
daughter and her Children the direction and they shall
compensation the provided by law, change
the of this that the functions of the trustees ceased
upon the devsee attaining the age of majority OF having
children of her
1t is claimed bv the plaintiffs the bequest of the tesla
Kingdom of God active and con
tnung trust all clear that that beque has such
an import On the contrary language of the will shows
intention of the bequeath fixed sum OF one
tenth of the income from the devsee lands to charitable
purposes; but not intention of creating perpetual trust
The functions of the in that respect ended with the
extinction of the that is when the devisee Irene aaou
attained the of majority.
of will should be such to effect
the intention In the will before the court
that the tesaor intended to vest an
simple absolute in his daughter Irene limited
only as the right control the estate
take effect provision that the executors guardians
have charge of the estate until the devsee attained
the age of majority had children of her
very of the WILL property devised to the
surviving widow 'urne vdutae with remainder to
the daughter IRENE and with express prohibition of the
widows bequeathng the property DEVISED to 1T the
intended limit the devise the daughter to
life estate would have clearly expressed such limitations III
The absence of such definite expression makes
the applicable that estate in fee and not for e was
granted.
The learned counsel for plaintiffs in concluding their brief
earnestly contend that the last clause of the will reading:
f my daughter should die having borne children then the
property shall children, and if she should die
without having had children the property shall descend to
her mother" etc. that the daughter had life only
with remainder ISSUE and failing, to the mother
This repudiate that view The clause in the
daughters having ISSUE the mother became the de-
that the daughter surviving the testaor took under the
devise to the became after she bore child
or children vested in her estate in fee simple.
referring the of Booth ct a. Baker ct
a. doth D. 543), decided December Is, 1896 ntimaes
that therein and though it has consented
to decide questions reserved in this cause does wish
establish thereby precedent for reservng questions in
in equity
Kinney It Balou, for plaintiffs
j. A. Magoon, w. s. Edngs Cecil BrO,en, Il. A. Dickey
4. s. HUM hreys and f. II. Hatch, for defendant