The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-05-29
IN THE SUPREME COURT OF THE HAWAIIAN
ISLANDS
MARCH TERM. 1899.

Acrros QUIET TITLE SUBMISSION Acr1os
SUBMITTED JANUARY %, 1899 DECIDED MAY %, 1899.
JUDD CD. WHITING, CIRCUIT STANLEY,
FREAR, j.. ABSENT
devise to John and if he dies and leaves no living SON then to
and then
living their daughters
John. with
living estate in fee passed Elizabeth
OPINION OF THE COURT BY JUDD CT
This is submission of without action and the
succnctv follows: August 1879 there granted
Isaac Akake u by Royal Patent No. 1882 the
Ahupuaa of apulehu, Kona Island Of Molokai The land
had been awarded to Isaac Lewis by Kuleana eu 21s Apana
of previous patent and the gov
Communication paid by Elizabeth Cocke Lewis.
Afterwards the said Elizabeth Cockett and her husband Charles
Cockett conveyed the land James d. Cockett who with
his wife conveyed the j. A. Magoon, who conveyed the
Arthur Mourz the plaintiff in this Elizabeth and
Charles Cocket also conveyed the said land the said A.
Moitz conveyance of the date deed of Magoo
The above named Isaac deceased previous
the first day of February 1861, leaving will in the Hawaiian
language which duly admitted probate the island of
Maui copy of the will is attached the submission The
devisee in said will John John Lewis
the of the said penee deceased the death of the
testaor leaving children whatsoever him. male
female having had issue No father mother survived
him. The defendants Mary Lewis, sister of the said Eliza
beth Lewis Cockett and Isaac Cocke, of said Elizabeth
Cockett, Elizabeth being still alive.
The question submitted to this is: What title if any
did Dr. Mouriz acquire and have in and the Ahupuaa of
'Mapulehu by virtue of the said conveyances him!
The first articles of the will of Isaac dispose
real and personal estate and necessary be
sidered here. The seventh article is translated follows M
other property real and personal Of whatever and
included of the above articles mahele) and disposed
ofprevos the making this WILL and also the piece of bread
land in the iii of Punaula given my wife, all this
property for my John Lewis Chen follows
caution to the heirs desees to perfect their titles less than
odl under the awards Il further direct that the Ahupuaa
of MapuleEu devised my be sold by him. but
is be kept for the comfort of family but
if dies and he leaves living then this land shall
descend his sister Elizabeth Lewis first, and if she has died
then it goes her sisters then living, and her daughter and
daughters granddaughter they share equally"
The land Ahupuaa of Aapulehu being specially de
vsed by the first six articles of the will included in Article
and goes rduay devsee John Isaac Lewis The
will devises the land John without words of lmitation
but the devise limited by the further words 'but if
dies without leaving living then the land descend
his sister Ezabet &c. The law of makes 1t certain
that John would time other die and whenever he
died. be during the lifetime of the after his DEATH
and he leaves living then the land goes Elizabeth, &c
John died after the testator leaving Elizabeth is still
alive The life ending, the land then Elizabeth
her remainder became vested.
What the estate Elizabeth land! The will says
further but if Elizabeth has died Gina make a) then the
land goes sister, The time of Ezabeth death
be the time when John died 1t could mean
death of the teaor John have the land from
and after that event. and Elizabeth would have wait johns
death order make certain that he left 1t Is not
necessary decide how the would have gone Elizabeth
had alive Johns death without
son and took the absolutely the contingency being
haIsted and without further limitation devise Hawkins
on Wills, p the law thus a bequest for life
and of his death B, is gift absolute
unless he dies during Cs life devise of real vou
be governed by rule. Edcards Edcard, Eng
L. 232, Rule Janan Wills 757, Fifth Ed. In
translated But if she has died. in the past tens
and refers Johns and the death of the estatoI
The makes it clear that the death referred to John
land Il,