The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-10-13

named therein being their four children Solomon To 1 Fe
Q, Keanuenue (w) and Nune ivy 1t this deed which i
ferred to in the exceptions Exhibit f. the construction
OF which, alleged by the appellants court below erred
This deed has not been made part exceptions or
of the record this therefore cannot be considered
by us on the exceptions The only reference deed con-
tanned IN the BILL to be found in the the proceed
lngs had at the original trial and follows Smith we
offer in evidence deed Lonoao Io Felix and NINE
Admitted, marked Exhibit F. This requested of de-
PENDANT by Plaintiff produced by defendants introduced by
plaintiff This insufficient the deed part of the bill
Without the deed it is impossible for say that the be-
low erred IN ITS construction OF the instruments and the bur
den IS on the appellants sustain their allegation error
exceptions for this alone should be overrued
We have however, examined deed the material portions
of which follows:
Know all men by these presents that Lonoai and
kaui wife of ilo, Hawaii, Hawaiian Islands for the
deration of dollar paid hands by To- Felix our
greatly loved and Keanuenue daughters
the receipt whereof of this dollar acknowledged by this in
Therefore make, give SELL and convey absolutely
lease absolutely and by this instrument make give SELL
absolutely, and entirely release L
Felix their heirs executors and assigns forever
and Keanuenue and beloved daughters their heirs
executors administrators and assigns forever but if they marry
husbands the time of them husband both
them have husbands all their title right and interest go o and
Felix
Nevertheless property conveyed by this instrument re-
mains in hands, and in possession, and care and
to collect all the receipts and the things growing the pieces
of land described above and them for benefit and the
deceae of of the ights power of this goes
the other until the death both of us; then the pieces of
land, benefits and all other profits, will go
beloved children L Felix Keanuenue and Nune forth
above in this instrument"
Keannenue died during the lifetime of the granors Lonoa
deceased next then Felix who left surviving him widow,
Ana and lastly akau In 1898 Amalu conveyed all of her
interest in the land the plaintiff Defendants the other
have IF nf
Lo and Nune i'll the property.
On behalf of the defendants is contened that the deed
passed present the land the children but merely
defined them take effect and In fufuo,
and that Felix under whom the plaintiff claims having died
the lifetime of of the granors title became vested
him; and further that such estate IN future is void
In opnior clearly the intention of the granors
convey their children and by the Decd which take
effect upon its delivery, present interest the land, and not
IN furo merely reserving themselves
the right and enjoy the during the remainder of their
lives other words while the land vested
pass the children possession and
joymen of the land be had by them until future
time that of the deaths of the gators This intention
is sufficiently expressed the Decd is there any rule of law
in force in this country which prevents the carrying of that
For which deeds smlarto the Under
recognized valid and effective carry
the intention of the granor Gates Gates 10 Ind
272; Phillips T. Thomas Lumber Co., % S. W (Ky) 652;
White Hopkins, S. +. (Ga) S63; Schackeoa Seb'ee.
Sc ILL., 616 62O and Pukadkca ct a. Hiad Iaw. 4S4.
Upon Keanuenues DEATH then unmarried and without ISSUE
her passed her father and mother equal
shares e. oneeighth each Lonoas oneeightf on his
death descended to Solomon Felix and Nme twenty fourth
to each Felix thus became the Of oneourth plus
tweny-fourh, sevenwenty- Onehaf of this
sevenor passed upon the death of Felix, without issue
his mother surviving him. his widow, Amau and thus to the
plaintiff This the interest and more which she is entitled
She comedies in this respect in the judgment
entered the court below and offers file remtttur for the
excess onefory and for all the damages Such remit
titur may be fled
The exceptions overred and the is remanded the
Circuit Court of the Fourth Circuit for such further proceed
ings may be proper.
Carl s. Smith and j. W. Cdthco,t for plaintiff