The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-08-13
FREAR, CD, GALBRA1rH AND PERRY, j.
OPINION OF THE COURT BY FREAR. CT

c.
This action quiet title tried by court jury waived
and Judgment rendered for the defendants comes here on
tie plaintiff exceptions.
The only question presented whether deed IN the
Hawaiian language conveyed life only or fee simple
the word heirs not being used
The granting words are IKE hama nei au haawi kuai ma
kea Ike hoolo ku'u apana apau loa' &c. and
the habendum is, 'a W. Keaoha oleoa ka manawa pau
ole translation of these words is on file as follows: Sdo
rive grant sell and by these presents convey all my piece
land" &c. and have and hold, &c. unto the said w
Ksoha forever"
This language the Hawaiian more than the English,
shows beyond doubt intention convey fee simple The
question whether the technical rule
usually required the of the word "heirs" and allowed
substitute therefor however clear the intention might be-
carry an fee simple should be allowed override the
manifest intention of the parties.
The deed executed August 1885, and be construed
by the law then in force The statutory provision Civ L. Sec
1909 which took effect January 1898, adopting the
law except certain cases. would affect title which had
previously Whether this deed if executed after the
statute took effect would within of the exceptions
named in the statute, need not be decided
In opinion the law rule requiring the use of
the word heirs" was not law here in 1886.
That rule was relic the eudal system and grew up under
conditions that longer exist England and existed
these islands as it did in England regarded
purely technical and its chief effect to be to defeat the
intention of the parties Accordingly has been modified
repealed by in England, the home of its origin and
nearly all of the States and Territories of the United States
Certain exceptions always been recognized IN the
absence of statutory provision For instance it does not apply
nv to
writ deeds corporations whether sole agate mot
the word Successors being required in the OF cor
Praion aggregated grants king to sovereignty,
release by way of extngushment, to partitions between
JOINT tenants copaceners or tenants The following
are other exceptions greater significance Courts OF equity
60 far giving effect the intention of the parties as TO
enforce contracts convey in fee though the contract 10
convey does contain the word heirs They also hold that
eyance carry estates large the purposes OF Tue
rust require whether there words of inheritance or not Ia
% by will it everywhere held that the clear intention OF
the de to give an estate in fee will given effect whether
the word eirs used or not This exception to have
@ adopted because at the time when devises came TO De
allowed the rgor the fedal law had begun to wear away
aud the that if they adheredt the old rule
S cases of wills great injustice would be done, as most
people We're unfamiliar with the echnicaitles OF the la" anu
were unable to get legal advice when they wanted to make their
wis In Feofees of Grammar School o. A7dreos . Nle'c
oS the Supreme Judicial Court of Massachusetts hed lo
e"hat similar reasons that the word hes was unneces
d! IN an early grant that State The court sald IN con
conveanc made early after the settlement OF the cou
" When conveyancng was little understood, the intention OIL
parties govern without regarding rigid rules Oh con
0n which would be applicable to recent eonveyances anu
might defeat the intention of the parties however clearly
might be made appear So it was decided IN Aoo"s
''"A"ghGm Mass 352 And the rule OF construc
vi" adopted in Springfield L. Miller, u Mass 49, anu
n recognized in other cases. This rule OF construihs
c'nveyances adopted to uphold the titles derived
Pn which otherwise might be subvered IN very many
S and would be attended with manifest lnJusnce' -
% as to require the public good the adoption q