The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-12

ing the property rights of husband AND
wife is as follows Article 2e52. Sayles
Civil St. All property acquired ~ eth
err husband or wife during the marriage,
except that which is acquired by GIT
devise or descent, shall be deemed conf
munity prope ty of the husband ana
wife and. during the coverture may h-
Disposed of by the husband only. Ii this
land was acquired during the covertnre
of w NJ. Sloan and his first wife, ther1
they owned it in common.
4 Vermont statute declared that al
property and rights of personal acuon ac-
CURED by any married woman during
covefture, by inner lance or diser.but-oa
sba. be held to her sole and separate
use In constituting this statute the
Court said: (White VS.. Waite, II Vt
sou "WEile the right to dsstr.buuve
share in her fathers estate became vest
ed in the daughter Immediately upon the
fathers decease. and she became vested
of an undivided portion of the property
of the estate. subject to the rights of the
administrato to Sc a part of the same
for the payment Of tie oehts and ex-
Deuses of admir- istra ticn, yet the partic-
ular property did not become absolutely
vested n her until the decree Of the Pro-
bate Court, max ng distribution OF the
e~tate. became cbsolute Until distribu-
ton, Sne ndu ITO LIB ill DIS d5dA lily az
m 7. stratcr or ether heirs, If such there
were to the specific personal property
which was afterwards received from the
estate When tie decree distributing the
estate became absolute, she, in the Ian
guage of the Act, acquired the specific
articles of personal property decreed tc
her. and the right to a personal action
for the recovery of the sum of money or
dered to be paid her."
~ ~ IntSr, n
given in the Century Dictionary are the
following: TO- have and retain as ones
own; be vested with title to; own; as
t hold a mortgage"
An Indiana statute provided that al
persons holding lands might have par.
tition The Court said: We do not con-
strue the word holding thus used as re-
curing actual occupancy, but as equiv
alent to owning or having title to lands
etc.; Godfrey VS.. Godfrey. II Ind. 8.
In Jack vs. Walker, 70 Federal Report
er 14O. the Court said: I'm Witsell VS.
Charlestown, S. c. SO, it was decided
that as technical term, hold embraces
two ideas-that of actual possession OF
some object of dominion or property aild
that Of being invested with legal title
or right to hold or claim such posses
SION A similar ruling was made in
Hurst VS.. Hurst, w. Va 297 1t was
recognized, however, in Witsen vs.
Charlestown, that the Interpretation OF
the word might be so controlled by the
context as to require that it be construed
to signify to have in possession or under
control merely
The word hold in the provision of the
Organic Act under consideration Is not
$50 controlled by the context to re-
quire that It be construed to signify to
have in possession under control
merely" On the contrary. the context
signifies ownership.
Although neither the word acquire mol
the word hold may apply conclusively
and exclusively to ownership of property
it appears from the foregoing definitions
and authorities that both words are con.
sistent with ownership and imply owner
ship.
Real Estate mo corporation, domes.
tic or foreign, shall acquire and hol6
real estate in Hawaii in excess of 1,00t
acres
The elementary, standard text books
and the definitions accepted by English
and American courts for centuries APP
pear to put beyond question the PROPOSE
ton that leaseholds are personal proper
ty, not real estate.
Real property or real estate is defined
by Bowler as: THAT which consists o.
land and of all rights and profits arising
from and annexed to land of perma.
nent, immovable nature. In order tt
make ones interest in land real estate
it must be an interest not less than fol
the party's life; because a term of years
even for a thousand years, perpetualls
renewable, is a mere personal estate
There are two requisites to make q
fief or heritage says Blackstone. book
| g chapter "a .'duratIon as to time, an6
immobility with regard to place; what
ever wants either of these qualities is
not, according to the Normans, an heri.
tage or fief; or. according to us, is not
real estate; the consequence of which
on both laws is, that 1t must be a per-
sonal estate, or chattel Chattels there.
fore are distributed by law into two
kinds; chattels real and chattels perso-
nal Chattels real saith Sir Edward
Coke, are such as concern, or SAVIOUR of
the realty; as terms for years of land
wardships in chivalry (while the military
tenures subssted), the next presentation
to church, estates by a statute-mer-
chant, statute staple, elegit, or the like
of all which we have already spoken.
And these are called real chattels, as be-
ing interests issuing out of, or annexed
to, real Estates of which they have one
quality. viz. immobility, which denomi-
mates them real; but want the other,
viz, sufficient legal indeterminate dura-
tion and this want it is that constitutes
them chattels."
There are interests in lands" says
Washburn, which, from their not being
Unbeatable, are regarded as chattels,
though in their nature partaking of the
character of the realty from the prop
erty itself being fixed and immovable;
such as estates for years, which go to
executors or administrators upon the
death of the tenant rather than his
heirs. Nor is their character affected by
the number of years by which their
duration is measured, except in those
States where inheritability is attached
by statute to long terms; l Washburn
on Real Property, 90
THE term real estate means an es-
tate in Fee or for life, in land, and does
not comprehend terms for years or any
interest short of a freehold: 8 Kents
Com. Ao1 (529).
Again, in volume 2, S42 44D, Kent says:
THE most leading division of personal
is into chattels real and chat
tells personal Chattels real are interests