The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-28


tiff should be decred onehaf Of the property held
by plaintiff defendant together 1t appearing from the
evidence that the plaintiff has piece OF property IN her own
nam being community property, this should be put in
with the defendants property and equal division OF the
property made
1t is conended behalf of the libeee % that the Circuit
Court the had authority make allowance of
amoy gross; (2) that it had authority order divi
sion of property title in the ibelant CD
that if possessed power claimed and exercised
this case property decreed ibeant in
which she would be entitled in equity and
good of temporary amony
provided for in the decree.
1t is insisted behalf of libelant that the beee Is
estopped denying the power of the decree
aiony gross order division of the real property ~
there introduced in evidence the hearing writ
ten stipulation wherein beee agreed pay the belan
of 81 200 amOny; (2) that while testfying
witness said that he would prefer pay
alimony in land rather than in money.
1t doctrine estoppe has appi
fact of this The court by its decree did not
attempt stipulation for the payment of amony
in gross the evidence showed that this stipulation
accepted by the beant and expressly repudaed by her
The that the beee expressed willingness pay almony
in land rather than money certainly cannot eop HIM from
testing the power compel him give onehalf
his land It nowhere appears that the eee consented to
the decree as expressed with The
this distinguish it from those where the appellate
have affirmed the decree the theory of the of
the parties See Calane Calqme N. J. Z. 549
3fooney "a Mo. %
Had the Circuit Court power in deceeing the divorce to
allowance the wife of gross almony, in
lieu of amcny, and order the paid from the estate of the
husband? If this power exists by virtue of the statute
reads Upon granting divorce for the adultery
other oense amounting thereto of the husband the
may further order against the defendant
compelling him provide for the maintenance of the children
of the marriage provide such suitable allowance for the
wife, her support the shall deem just and
able having regard the ability of the husband the character
parties all other circumstances of the
case" &C. L. Sec 1943)
1t will be the aimony used in
The phrase ito provide such suitable allow
ance for the certainly the technical
"alimony' known the law Blackstone Al.
Alimony is of specific proportion of the
husbands given absolutely the wife, but it
nuous payable regular intervals for her
support from year to year" Bouver p. 131.
Under the Illinois authorizing the make
such order touching the amony and maintenance of the wife,
annual allowance the wife has been sustained See Len
nahan O'Kcce a., 1O7 IL, 62O) An allowance gross
has also been upheld under this statute See Dinc Eig
manu. Ill., PA; Draper T. Draper, d. IL Plqstcr 4.
Plaster, Al Id, 29O Robbins o. Robbins, 1O1 d. 40
In Massachusetts, where the wording of the very
similar Gray in rendering udg
for the Ihs has long been vested by
ceve statutes with authority upon granting to wife de
of divorce either from bed board
matrmony, allow her reasonable amony of her hs-
bands estate" "And the practical construction of
these always aimony might at the
discretion of the be ordered be paid gross sum-
instead of being made payable stated periods
Purple 107 Mass 43 also Chase Chase 1O5 d. 385
The language of the of California is almost identical
with that of and authorizes the court to make such
suitable allowance the wife for her support during her life
shorter period The Court said in constituting this
ton, "The question IS had the the under this
require gross be paid the plaintiff for her
support We think the language broad enough confer this
power 1t viii be observed that the allowance may be