The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1900-05-19

~ Of m estate tl the issue take, if ALL by deen, ~
not under the will OF the creator of the estate and e
y descent they must take under the statute Of des.
,.Hr cannot by attempting to create estate tail o ~
aatr Of descent by prescribing course of descent ;
n with that prescribed by the statute In the case of On
M general 1t true the heirs special, that is the heir; f d.
sy i any, would under our statutes, be the heirs on,
ni the estate would descend here common law co lone
|, lasted that Is, so long as such heirs lasted 70 rho ~;
ocrl although such heirs would not be the sa,De ,o
M IN the same manner here common law. where ra,o.
r preferred to females and tire eldest male and HI; a,
cGan, to the younger males and all descendants who TOOK
M took per stripes, though of the same degree. and No.
failure OF such heirs that is, upon the termination Of tho
there would be nothing to go to the heirs general that
he collateral heirs or lneal ascendans But in mos. CAGES
l male or female special the heirs special would
be- he heirs general and the of descent Indicated bv
will would conflict with that prescribed by the satpte
pcr similar statutory provisions it held that estates tail
Did be created in New Hampshire JeueH a. Warner
! " H. 176.
Since then, Queen Emma could not take an estate tail
nd she take! Ii suggested first and naturally that
She could not take an estate tail which the product of
statute de doHs conditonalbus, she would take what she
M common law before the enactment of that statute that
Zee simple conditional In several of the United States
h statute dc d0niS Is not in force the estate has been
to be- fee simple conditional. At law fee sim
conditional special kind of conditional fee If there
conveyance to a. and the heirs of his body A. was held
fee upon condition that he had issue and if he had
he considered as having performed the condition for
purposes. He could then convey in fee simple and, if he
not his issue could after his death, whether they in
issue not but the estate would descend the heirs
n II would descend only to the prescribed heirs of the
aud there no such heirs, it would the
t Thus somewhat inconsistently the condition
led as performed for some purposes but continuing for
purposes after the birth of issue. The statute de donis
away tailed the power of alienation and converted
simple conditional into fees tall
Emma could and did take a fee simple conditional, then
such estate could not be devised The Queens Hospital
not take it under her WILL and since the Prince did
VEINS mother and since If he had survived her, the
could not ascend to his father, neither the Hospital
shop Estate could take it through the Prince the King
therefore, the question would lie solely between Colonel
and the heirs general Of DR.. Rookie If remainder
be limited upon n fee simple conditional Tin regard to
there is much difference of opinion) Colonel Rookie
take remainder in fee simple. If a remainder
not be limited u fee simple conditional Colonel
would take by way Of executory devise if the words
out leaving any issue" import a definite failure of
tor although at common law lands could not be devised
and under the Statute Of Wills passed in the reign of
VIII they could be devised unless the devsor died
OF cm that it he created fee simple conditional by
hce inter riroS he could devise the possibility of
Tor he would be- scised at his DEATH yet in a case
present where the fee simple conditional is created by
e dcypor would be- scsed his death, and under the
Vet 1884, and under statute possibility of reverter
lht Of entry mary be- devised Perhaps Colonel Rookie
are by way of cxccutory devise If the words in
imported indefinite failure of ISSUE though this is,
' least extremely doubtful. II is considered by some
N' doctrine Of not invented until long
SIMPLE conditional ceased TO exist and more particularly
e eNecuory devise could be barred by the tenant inter
any time after the birth of issue of the original donee
u' lees simple conditional cannot exist in these islands
nave not existed in England since the enactment Of the
~ d0niS in the reign Of Edward l., the law relating to
ut htte known Such estates of course, existed
" Hawaiian fcudal ~ystem and early settlers from
'I States would be- less likely to introduce them
Introduce estates tail. Such estates likes estates tail, had