The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-04-19
OPINION OF THE COURT BY JUDD. CT.

OPINION OF THE COURT JUDD,
This action of ejecment to obtain of certain
land King street, Honolulu awarded Louis Graver
by Award No The principal plaintiffs
the grandchildren of the said Graver who died Homo
lulu in 1s49 their mother being Elizabeth Gravier, daug
ter said Louis Graver who afterwards married Perey
Elizabeth the United States by her guardian when
years old Massachusetts,
had children, Agnes, Edith and Katherine (pnti and died
West Bedford Mass in the year 1884, having
returned to the land of her brit.
Elizabeths probate guardian, Stephen Reynolds, the 14th
September 1850 his ward Elizabeth
the premises in dispute Brandon for the of
years Louis Graver widow Hama called also Lii who
afterwards married William Gill and his decease
Pooloa She has been of the entire premises from
1860 the present In the lease by the guardian of her
daughter Elizabeth this widow joined for her right of DOVER
and the lease expressly boundaries which exclude por
ton of the original award being widows reservation
During the of this lease the widow defenant collected
rents from natives living presumably the deserved
portion of the lott the reserved under the lease col
lected by the respective guardians of Elizabeth and portion
paid by them the widow After the lease had expired Hama
eendan extended her the entire dot without
objection interference by leased portions of it from
time time, taking the and devong them to her
paid the and continued to live upon portion Her
possession continuous and One lease (recore
for twelve years. others for shorter periods Her de-
Tense this title by prescription. The trial Judge
charged the jury inter ALA that the plaintiffs had the paper title
the land and he left the raised by the defendant the
jury under instructions which excepted by plain
s and refused certain instructions asked for by hem also
excepted to. Following the instructions refused
T. That widow occupies fducary relation the heirs
of her deceased husband and acquire against
for her individual benefit.
That % give the possession defendant
adverse character she prove distant plaintiffs
their mother
a. To support defendant also show notice
plaintiffs their mother of denial of their
commencement of adverse holding.
support the claim of title by adverse possession
show occupation for twenty years
such
g. Custer be presumed possession and receipt
profits alone The presumption that
snbortnaon the legal title; and them
have hostile character they be accompanied by ama-
tive proof brought home the other parties (he plaintiffs
in this case) that such intended be hostile
T. That the leases made by defendant under Lii
recorded defendant being time the wife
full being Hama Pooloa do not
notice of the fact leases
made and furnish notice of custer
The first instruction refused raises the question whether
occupying land of her husband the
of descent occupies ducary the heirs
and cannot acquire title against them for herself This ques
ton of law adversely present plaintiffs
contention in the Pauo ID. Mo1o Haw $50 This
court said the question is whether the occupation the estate
by the widow suspended the operation of the mta
tons until her DEATH By the statute of 1916 p widow
had right of dover in her husbands statute does
In allow her possession of the estate n
analogy the law and the countries
hold widow the land until her dover
assigned because before assignment it what