The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-13


first settlement of the country Conforming this rule of
strcon we can have doubt that by the grant question
estate in fee passed grantees That fee intended
to be convened will not admit of doubt In Cole Lake
Conpany 81 n H. 242 the Supreme Court of New Hampshire
held might conveyed without the of the word
heirs, saying among other things
ut is said to be rule the law that without the
word heirs feesmp land pass by Decd and that
this rule so absolute and unyeding that, matter how
clearly the intention of the ganto to convey tee may be
stated intention be of avail without that
word Washb R. P Blk I, ch ILL., So, and authorities
in pror should expect to lind rule which in its
practical application brings about results anomalous and
absurd but which is nevertheless enforced with such
less gor by the courts upheld by reasons plain and very
imperative Naturally should also expect that the books,
which where its application has produced palp
able injustice less aggravated according to crcum
stances would also be filled strong and conclusive
in its support On the contrary, what does appear venture
affirm the revolution by which the house of Stuart
finally excluded the British throne when most of the
haekles which feuasm had rveted the tenure of lands
throughout the kingdom removed not the
sembnce of growing out OF the condition and wants
society the progress civilization the exgence of trade
the anaoges be found in its support any
try where the law has been used P 279
"They who brought the general body of the common law
region might well have omitted bring the
feuda rule fabricated barbarc but
because designed and fitted to perpeuate barbarc
don; originated in foreign land, but because
it suited the commonwealth which foreign
tors came to this country organize; because part Of
the military system Europe less necessary in feuda
times than other compulsory methods of filling armies and
times but because the general feuda relation of
lord vassa being incident of New Hampshire civil
ao and the particular debt of personal service due from
the lord (Which the heirs of the vaa might be
incompetent perfo being universal consideration OF
the conveyance New Hampshire real estate the eudal rule
requirng heirs evidence of the lords intention to
risk of his vassas heirs being incapable of the
stipulated servce nappcabe the situation and circum
of the emgant and implied eryitude inconsistent
with the principles of personal freedom and equality which
peryaded their social and political pan hostile the general
object emigration and particularly subveve of that
absolute ownership of the soil which they specially sought in
the New World
1T appears that in Massachusetts,, prior 1851 the word
heir oentmes omitted when estate of inheritance is
intended to be passed by the parties. The word
must have been omitted popoonay here in Massa
chusetts' /" Pp 286, 287.
The court further said referring remarks made by Lord
Mansfield regard the exception the rule in the of
wills
did explain by what authority the court has laid hold
of the generality of other expressions will to take the devise
this rule how would be possible in that way to give
effect intention of the testaor without shaking rule
Of law by the conjecture of private imagination, prop'dd
IS rule of lao that the word heirs indispensable to the
passing fee Nor did he do what would have been
useful STILL that say point out the for distinction
in this respect between the construction of will and deed
The for applying the rule to wills sensible and
easily understood It Lord Coke expresses quod ultima
goIotds testaoris est permplendd secdun nten
tionem Coke Lit. 1922 b. But this shows
for the distinction 1t does show why the intention of the
maker of the instrument any sacred than
the other by what right the abrogate the rule in
of class Of donees it be rgidy enforced
against the other IF for any reason, however mysterious fee
land could pass without the of this potent word all
-. e d. r l;r1 laat Sh lt Iara tla d