The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-19
TIE SUPREME COURT OF THE HAWAIIAN
ISLANDS.

ISLANDS.
SEPTEMBER TERM, 1899
.r a. ROOKIE =. THE QUEENS HOSPITAL
alton. and G. II. BISHOP, S. NJ. DAMON O. n GDrPor
+ o. CARTER and w. +. ALLEN. Trr.,ooa -, Dh'
Will Of Bcrucc p. Bishop. vic
R BISHOP, ;. W. DAMON, G. NJ HYDE. i q CAprrn
anil W. f. ALLEN, Trustees under the Will Of Rrua u
Bishop r. THE QUEENS HOSPITAL. Cor,o-a.;..
mdC. n G. ROOKIE
EXCEPTIONS FROM CRcrT Courr, FIRST CrRour
mrrp SrrENurT 22, 1899. DECIDED MAY II tooo
AND WmrSo, JJ, AND Cmcur JuDeE STANLEY N p, 40.
OF JUDI, CD, ABSENT
| a Rookie dew sed and bequeathed as follows. g., ,
my real and personal estate of what nature or kird Gu
ny Kamaikui Rookie used and eniovod - -
m Of her natural llfe from and immadia,, % uur
g'' ana "tsc the same to adopted daughter Emma
nse to be used and enjoyed by her during ~ 49,.
w natural NE ana her children for should the aforesaid
ma o'' oore me- the said tesator decease without
ISSUE then hereby grc and bequeath the same unto NV
plas and Godson. Creswel Charles Keane Rookie I
heirs Cor ever ~
| ,n was dated Feb. 2S 1852. Emma married King ko,,
june 1906 and gave birth to the Prince Hawaii Nav % 1879
made codicil changing Of the executors M 90
and died November 2S 1853 Grace soon after The
Nb2, the King In 1863 Emma in
law including the early dons Emma woud
tail in which C. X. Rookie would take vestsd
riaaar, but
r.r,,s .a.l clnnot exist in these islands
COMMON law before the donis Emma would take
conditional In which c. X. Rookie would take nv
remainder IL remainder could limited on a fee simple
doa and not he would by way of executory devise
words without leaving issue import failure of issue
perhaps they import failure of issue and If
~ heirs general OF the testaor would take possibility of
,s-s. but
| 's.s mp i'm these islands
risr Hawaiian Emma either (a) fee simple or
Heeae with () vested remainder the Prince or On
aa contingent remanders In the Prince and K Rookie
either the words without leaving
natural sense meaning without leaving any surviving
either Of their artificial senses meaning without having
sse importing indefinite failure oil issue
the word or be read and
as and"
either case therefore upon the death of Emma without leaving
surviving her. G. c. X. Rookie became simple
possession, by of execuOry devise
OPINION or THE COURT BY FREAR j.
actions quiet title several pieces stu
nte City Of Honolulu Island of Oahu, and more par
i5 jscribed in the complaint.
hcnlmts demurred in each case, on the ground that
nnt did not state facts sufficient to constitute cause
~ Of unusual interest and importance both be-
the nature Of the questions of law involved and because
great value Of the property in question and the charitable
which is and has long been devoted
argument occupied the greater portion of five days Six
have been filed by the twelve counsel engaged in the
'on the by six persons noted for their learning
ae Iaw in England and the United States have been
." several Of which have been filed in full for the
y contain Among these may be mentioned the opinions
sr John g. Gray, Of the Harvard Law School, author
"lans on the Alienation of Property" and "Ihe Rule
Feretuitics' and Sir Howard w. Ephinstone, Bart,
ne Conycyancing Counsel to the Chancery Division OF
% Court Of England author Of the work "Conveyanc
These arrive at Numerically opposite conclusions Even
Who arrive at the same conclusion do largely Ivy dit
lines Of reasoning
question Of the construction of the will of Thomas
'yd' Rookie, commonly called Dr. Rookie.
material portion Of the will is follows: ~ gire and
my real and personal estate of what nature or kind
u" my wife Grace Kamaikui Rookie to be used and en-