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

Whether the plaintiff had any right to continue the of
the old road public road from the end of his
way the road does appear 1t assumed the
lower that he had but that the old roadbed the
defendants private property.
The decision Circuit Judge be reversed because
gave wrong reasons provided he conclusion
1t be reversed this being contrary to the law
and the evidence which the only upon which
excepted
The exceptions overrued.
Hons & Coke for plaintiff.
b. johnson and j. Richardson for defendant.
IN THE SUPREME COURT OF THE TERRITORY OF
HAWAII
SEPTEMBER TERM 1900.
PoKINI ROBINSON o. JOSEPH AXE AHEONG and HA-
WAIIAN COMMERCIAL AND SUGAR COMPANY
QUrsr1oss RESERVED CIRCUIT JUDGE SECOND CIRCUIT.
SUBMITTED IL DECIDED %,
FREAR, CD. GALBRA1rH PERRY, j.
IN n
devise of ali properties and personal and of whatever
kind without Inheritance the fee.
in
g..
of grandchildren shall die first they both
wife
clauses 8. Clause be-
operative
o only a to
OPINION OF THE COURT BY FREAR CT
This action quiet title undivided onesxh of the
land covered by Grant 214o Hau containing a4
and situated Hamakua and Makaiwa, District of Kooau,
Island of Maui The defendant corporation claims only
lessee of defendant Aheong and the contest substantially
between the plaintiff Robinson and the defendant Aheong The
comes here questions reserved by the Circuit Judge upon
agreed facts and the will of a who died seized of the land
dispute and whose will admitted probate in 1878 The
will is in Hawaiian and the material clauses translated
follows:
1.-TWO All properties real and personal and of whatever
kind shall be and hereby devised Kahnu my wife, and
to Ahona and Naukana, my grandchildren whom shall be-
long the aforesaid properties.
"Three If Kahnu dies then it shall descend my grand
children and their heirs forever This also,
tended by this will shall be possible separate part
ton the property and the portion of wife Kahnu above
mentioned and if she intends partition then by the income
only but there shall be paronng her her portion afoe
said.
Four If one of my two grandchildren shall die first or
they both perhaps then shall descend their children and
SO on"
Hkaus wife Kahnu died first; then Tkau himself leav
ing the grandchildren Ahiona (nown also S. Aheong
and Aheona and Naukana who husband and wife, then
Ahiona died leaving Naukana and children among whom
the plaintiff the defendant JOS A. Aheong and one
ann A. Aheong Afterwards Naukana conveyed all her inter
est the land Benjamin. who afterwards devised to the
defendant JOS A Aheong. Lastly, Naukana died.
The second question reserved is incomplete and
and need not be noticed The other questions
Il. What estates did Aheona and Naukana acquire by the
will of Hikiau in the property involved in this suit?
90 Does plaintiff have any interest in said premises and if
So what is her INTEREST,""
The devise Kanu apsed by of her death before
that of the testator and death of the latter the entire
property grandchildren Ahiona and Naukana 1t
agreed that these being husband and wife, took neither
ants joint tenants but by the entirety Pdd
hama .. BiIa, Haw 1885, Walehua Lio, Haw 49, Kaa
naleca KIP, Haw. SIS.
If they took the fe them the death of Ahona the
whole property remained Naukana by right of survvohp