The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-08-19

The defendant admits that the first clause alone
would simple the deve but argues that the fourth
clause down the fee simple life
der the children of the devee default of children
the of the devisees words that
these reainders substitutes alternatives the other
the latter take effect the prior should
interest Technically, this would be called limitation by way
of remainder a contingency with a double aspect.
Watson Smith, IS Am. St Rep. co. Hopkins Real
Property, 2S7; ID Washburn Real Property p seq
The defendant further contends expression
fourth clause of the will f of them should die does
that the death is happen in the lifetime but
death any time, and that such being given
in the first clause is necessarily down a life
The Circuit Court sustained defendants using the
following language In constituting the WILL of
the testator has been frequently called the polar guide
courts and this intention gathered
If possible, the will
harmonic believe that the intention of the
give life the devisees named their respective children
the death of of them taking purchasers. In the
instructions Nina the intention Of the that the
devisees should merely receive the income of the and the
power absolute disposition of property withheld This
construction the elimination from the will of the
words "hers and forever but if that
etfectuae the intention of the should be done
x hold, therefore, that the companans not
vested with fee simple the and they
convey the defendant good and sufficient title and
accordingly entitled to a decree of specific performances"
In every question arising the of WILL is
alike dictated by justice and the rules of law that
the first inquiry shall be- what the intention of the
torwhat IS his arH? And if that satisfactorily
cred, the is such intention be carried effect
sisteny with the rules of law! The presumption every
just what he says that his words the signs of
his will that he desires expressed
out the elimination OF provision thereof the addition OF
any provision thereto
In the first clause of this WILL the devises his property
to the therein named and er heirs
forever These and proper words for the of
the fee and the intention the fee could have
been adequately expressed if every English
language had been employed Under the rules of law this de
must be recognized fee SIMPLE and the plain intention of
the executed but it
simple that it should be may simple
feasible determnabe upon the happening happening
future In order hold that the devisees this
have simple life estate, should be compelled
clause devn the property IN question to em the potent words
heir heirs and representatives forever" If these words
the WILL and the of coerce
their elimination it results from the very things
the contention of defendant fail clause com
panan take fee simple though qualified
there be- the whole having disposed
remainder be limited after fee SIMPLE proposition
which is susceptible of mathematical demonstration and
equally true of fee qualified, of fee absolute.
2 Blackstone Com. 164 Thomas Coke Lit. OBJ
sos & n. CW); Inst. 81 Fearne's Remain
ders u.
1t possible, however, law to limit
fees by of remainder substitutes
the other, the take
should fail interests although the first does
interest the subsequent limitation Immediately avoided
of grant for life remainder and his heirs
in should die living then W and his heirs, the
take the place of limited
contingency that A Z. But
opposite contingency of rs surviving A. rs fee simple
and be Invested
contrivances known the law let subse
ouen remainder limitation the stated
called contingency double aspect and
times remainder a double contingency