The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-09

the instrument under consideration that effect
the as those the instrument in the at bar the
Language there used being he said Moewae does hereby
the Hannah Vaughan, his child the said Pauah, to
be adopted by child and doth release all control
and right the said child unto the said Hannah Maughan
consideration of the hereinafter entered into by the
said Hannah Maughan and the said Hannah Vaughan agrees
adopt the said Pauah her child and othe edu
and every for the said child becomes the
duty of good The differs from the present
only that the who took the acknowledgment did
make attempt make any judicial decree in the matter
Harwe in elaborate opinion, held that there only
kinds of heirs such, g. e. by last wl and
those born SUCH H. heirs law that the articles of adop
ton could be regarded tesamenary that the stat
of descent of the words children" and tissue
refers only children blood does include adopted
children and that there other force making
adopted child heir Wdemann j. concured in the concu
reached in these words ct clear that the
written articles of adoption without further evidence of the
intentions of the adopter insufficient under the law and stat
utes of the land establish title to inheritance for the adopted
child think therefore that the claim of the adopted child
this should be rejected" This understand
that Justice Widma based his upon the failure
of the parties intent to make the child heir
reervng liberty evidently consider whenever the question
should properly arise whether not, where the intention
make the child heir Of the adopting parents clearly
pressed such child did become heir Chief Justice Allen
dsented expressing the opinion that the agreement sufficiently
conveyed rights of inheritance and that the word children
the of descent includes all Children whether by adoption
by blood The decision of the majority of the court them
that the adoption created by that did operate
give the adopted child any right of inheritance from its
adopter although already pointed out Justice Hartwes
opinion and conclusion would apply any of adop
tion though specifically purpong make the child
heir
The the Estate of Hannah Vaughan was affirmed
the of Wei See and Ching See Young Sheong
4ong Haw 49, The syllabus in the latter reads The
adoption of child without declaration of its heirsh the
deed of adoption does give rights of Inheritance and
the court the opinion cit conended by the
for the defendants that Kaaukapu has the right of inheritance
adopted child but this question settled adversely
the of In Hannah Vaughan, the January Term
1871, and the articles of adoption the of Hannah
Maughan and those of Kaaukapu terms
include declaration of hershp which the said
necessary This last clause is strictly far as
it refers the opinion Of Harwe but that does render
the decision any the less anance of the former ruling
the subject.
contrary has been rendered by this
The statement the opinion in the the
Estate of Hakau, Haw 49, chad Manoa been adopted by
Hakau her due form of law he would have been sole
heir to her estate upon her dying inesate required
by the facts of the obter dct for the
pessy found that there satisfactory evidence show
that Hakau had formally adopted him her child and
dence whatever that she intended him property
The of the ntmaton contained in the opinion
AbenetG Kaiko1e, Haw 662, that if the agreement
writing the adopted child would have inherited The agree
in writing and the decision based that
ground.
the Estate OF Kamehameha " the court said
that Lhoho was entitled the adopted of Kanehameha
Ill inherit the remainder of his devised any
else, subject DOVER" This also obiter dca
Under the will of Kamehameha ILL., such remainder peci
fcay devised hoho Moreover the there held that
Lholiho entitled inherit those lands" G e., those
served the Crown by force of the Act of June 1848,
by predecessor with the of the House
of Nobles Of the remark first quoted Hartwel j. correctly
said that s hardly reconclabe with the actual decision
planned by their subsequent remark that the descent of the
of the property reserved the Crown must be
erned by the general law of inheritance and Distribution and
Her Majesty Queen therefore entitled statutory heir
one half This last point decided"
The the subject is that of the Estate of
Nakuapa, Haw 342 decided in 1872 after the Hannah
Vaughan case and before ct Young Sheong ct