Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1907-12-11
KAPIOLANI HOME

Continued from Page y
Iager KapiOlani conveyed to David
DENOMINATION and Jonah Kalaniana-
ole one hundred and twcnty-rour sep
aratc parcels of real estate including
the one in controversy and all Of her
personal property including bonds
and stocks; the grantees in consider
alton thereof agreeing to pay her
$1,000 a month during her lifetime
and to assume and pay all Of her
debts and obligations of every kind
not exceeding $4,000.
On the same day the parties exc
"uted separate agreement rcciting
the conveyance by Queen Kapiolani
Of all her property, her desire to do
nate the sum of $4,000 to the Ka-
piOlani Home, of which she was pres
ident, and the propricty Of her bcnC-
iCiarics carrying out this intention.
! David KHwananakOa and Jonah ;<a-
lanianaOlc thereupOn agree and COW
cnant that they will give and pay TO
the said Home the sum of $4,000 as
a gift, donation and aid from Queen
! !iapiolani said money to be paid at
he rate Of 500 month. Then fol
.ows Il clause of which the translation
OF the original Hawaiian is MS fol-
lows:
And both parties hereto mutually
agree that this sum of ten thousand
| dollars C$lO,O0OJ be made a debt for
! Her Majesty Queen Kapiulani and be
paid from all the property conveyed
l:y said Queen Kapioluni to the said
parties of the first part.
The lien claimed arises, IL at all,
out Of an express contract, the prin-
ciples Of which are stated in pas
sage often citeu by the courts:
The doctrine may be stated in its
most general form. that every express
"Xecutory agreement in writing.
whereby the contracting party suhl-
GENTLY indicates an intention to
make some particular property, real
or personal, or fund, therein desCrib-
ID or identified, a security for a dcht
party promises to convey or assign or
| transfer the property as security, Gre
atcs an equitable lien upon the prop
crty so indicated, which Is enforce
bic against the property in the
hands not only Of the original con
tractor, but Of his heirs, administra-
Tors, executors, voluntary assignces
land purchasers or cncumbranccrs
with notice. In order, however,
that a lien may arise in pursuance Of
his doctrine, the agreement must
| Goal with some particular property,
either by Identifying IT, or by so de-
Hcribing it that II can be identified
and must ind cate with sufficient
"lcarncss an intent that the property
20 described, or rendered capable of
identification, is to be held, given or
transferred as security for the obliga-
ton Pom. Eq, Juris, Sec. 1885.
While the language in the case at
bar is not wholly free from doubt we
cannot say that II indicates with suf-
hcient clearncss an intention to hold
the real estate as security for the
| payment of the Obligation The prop
erty, which was of considerable eX-
tent, and included personally as we'll
as realty, had been transferred by the
| Queen without any express charge
even for security Of the payment Of
her own annuity and debts, and the
document now in question appears to
have been framed with the general
intent of putting this donation upon
the same footing MS a debt
It has been frequently held that an
agreement to pay a debt or other OBJ
legation out of particular fund is
insufficient to create an equitable
lien. Christmas VS. Russell, II WALL
90; Trst v Child, u WALL III. Ian.
! "uagu like Ills Is usually used in con.
! noCtiOn with fund IN the hands Of a
third person or to be received in the
| !dturc by the UbligOr, but the same
| reasoning with perhaps less force
would apply to real property already
in the hands Of the ODligOr. Cases
which COnstruc the language of wills
| %lth reference to the question OF
charging lcguCiCs upon the real estate
! iuvOlyo too many other considerations
10 make them Of assistance IN this
case See Pom EQ. Juris., Sec. l2i7
| In thiC case the parties have dcsignat
q the source from which the pay
mGrts are to be made, possibly t.
. 'vOid confusion arriving from the