The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1900-05-15
DECISION
FOR ROOKIE
Wins His Suit in the
Supreme Court,
QUEEN EMMA RESIDENCE
Lengthy Opinion Rendered Yesterday
by Justice Frear in Import
ant Case,
(From Saturdays DailyJ

\ part Of the Queens Hospital prem
ises, queen Emma Residence" and all
other property which has been in litiga-
tion IN the local courts for sometime past
are decreed by the Supreme Court of
Hawaii to be the property of c. *. C.
Rookie. usually known as Captain Rookie,
the nephew of T. c. B. Rookie. the devil
see of the lands in question. The case
which has been one of the most promin-
ent in tine Courts was commenced at the
ter, then First Judge of the Circuit
Court, wherein c. X c. Rookie commeuc-
ed action to quiet title against the
Queens Hospital, "a corporations Chas
r. Bishop, S. NJ. Damon, G. NJ. Hyde, j.
O. Carter and w. f.. Allen, Trustees un-
der the win of Bernce +. Bishop" The
plaintin claimed he was enttled in fee
simple TO all of the lands. testaments and
hereditament which were described as
the French Hotel Premises" at the cor
net of Hotel and Queen streets, the
Queen Emma Residence" corner Nuu-
anu and Beretania streets, the land sit
uated at Honuakaha, the land known as
Niolapa, in Nuuanu valley, land at Pun
nui, Honolulu, property in Nuuanu val
ley. known as Waolani.
Judge Frear rendered the opinion of
the supreme Court, wncn was also sign
ed by Justice Whiting, and Judge Stanley
of the Circuit Court in place of Chief
Justice Judd The opinion is one of the
most lengthy documents of the kind ever
lled, and covers thirty-seven pages OF
typewriting. The subject is treated in an
exhaustive manner, and the history OF
the case is traced minutely from the III
ing of the will of Il. c. b. Rookie, the
testator until the action was brought in
to the Courts.
In the syllabus Justice Frear says: At
common law, including the early stat
ute de donis, Emma Queen Emma)
would take an estate tail, in which case
c. c. X. Rookie would take "A vested re-
mainder; but Nl2) Estates tail cannot ex-.
list in these islands.
"(3) At common law, before the statute
donls, Emma would take "A fee simple
conditional, in which case C. C. *. Rookie
would take by way of remainder, If re-
mainder could be limited on a fee simple
condition, and If not he would take by
way of eXecutory devise. the words
without leaving issue import definite
failure of issue and perhaps even if they
import an indefinite failure of issue, and,
if not. the heirs general of the testator
would take the possibility of reverter
but
20 Fees simple conditional cannot ex-
ist in these islands.
90 Under Hawaiian law, Emma would
take either (a) fee simple or b) a life
estate with % vested remainder in the
Prince or (2) alternate contingent re-
mainders in the Prince and c. c. *.
Rookie"
1t is stated that the will of 7. C. b.
Rookie was dated Feb. 2S 1852 Emma
married King Kamehameha ", June q
1856, and gave birth to the Prince of
Hawaii May 20, 1858. The testator made
tors, May 90. 1858, and died November 2S,
1853 Grace Kamaikui Rookie (wife of Il.
c. b. Rookie died soon after. The Prince
died in 1862, the King in 1868, and Emma
in 1885.
Under the will of the testator he be-
queathed all his real and personal estate
to his wife, Grace Rookie, to be used
and enjoyed by her during the term of
her, natural life and from and immed-
ately after her decease he gave and de- |
vised the same to his adopted daughter, |
ma, to be used and enjoyed by her dur
ing her natural life, and her children for |
ever. But in case of her dying before |
the testator or not leave any issue, he
TO his nephew and godson, Creswell |
Charles keane Rookie. and his heirs for
ever.
Justice Frear states further in his syl- |
labus: I'm either case the words with |
out leaving any issue must be read in |
their natural sense, meaning without
leaving any issue surviving, and not in |
either of their artificial senses, meaning |
without having had ISSUE, or Importing |
an Indefinite failure of issue.
IN either case the word or must be
and"
The concluding paragraph gives the
tinal result of his opinion as to who is
follows:
I'm either case therefore, upon the
death of Emma without leaving issue |
surviving her, c. c. *. hooke became |
entitled In fee simple in possession, by |
way of eXecutory devise or remainder as
the case might be-"
The exceptions to the order of the |
Circuit Judge overruling the demurrers
In the first and sustaining the demurrers
In the second of the cases which have |
been tried before the Supreme Court |
are overruled, and, the cases are remit |
ted to the Circuit court for such further
as may be proper.
Magoon & Silliman for c. *. c. Rookie;
a. 5. Hartwel, Robertson & Wilder, w. |
X. Castle and j. l.. Weaver for the |
Queens Hospital; Kinney, Ballou &
McClanahan and II. Holmes for the trus-
tees under the Will of Bernice L. Bishop. |
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