The Hawaiian gazette., 1910-09-02
CHILDREN GET RIGHTS
UNDER / WILL
Dole's Decision Affects Hall MI.
lion Real Estate Deals-0ld
Case Reopened.

1T lN O. thnIl name huA fNNE case
In Federal Judge Dole's jurisdiction
yesterday there was determined the
distribution of 10000 awarded some
several years ago FOR condemnation Of
certain lands al Pearl Harbor for the |
United States naval station. OF course /
there may be an appeal, as IL usually ,
the case
u. $. Judge Dole, placing a new con
struction on the affairs Of the John
Ii estate, yesterday morning rendered
a decision, holding an ancient Hawai-.
ian supreme court decision to be void,
deciding that the children arc entitled
to larger rights under the father S will
than have been given them in sundry
rulings under the will of the father
since the year 1894.
The decision holds that the terri
torial supreme court rulings on the
construction of the will are not only
erroneous, but are void. and the entire
matter may be opened by amy of the
interested parties. Proceedings may be
begun to set aside the old rulings
The minors in favor of whom Judge
Dole yesterday gave decision are the
son and daughter of Mrs. Irene Hol-
loway, children of her former husband,
1 c. A.. Brown. Some of the land in
volved is part of Oahu plantation.
The matter came before the federal
court as a contest over the distribution
of $4,000 awarded to the Ii estate
in condemnation proceedings.
The court says in part:
"a decree will be entered requir-
ing the said fund of ten thousand dol
lars to be paid to a qualified trustee
satisfactory to this court, who shall be
| required to invest such fund and pay
the income thereof, subject to proper
charges, to Irene during her lifetime
and at her death to pay one-third of
the principal and accrued increment to
George or his representatives, one
third to Francis, or his represen tatives
and one-sixth to the representatives
of the said Irene and one-sixth TO the
said G. A. Brown, or his representa-
tives, with the contingent provision
that if any other children should be
hereafter born to the said Irene, such
distribution to be made according to
the interest of all her children and
their representatives under the rule
set forth in the foregoing decision. The
suggestion is offered that the estate
otherwise the John ii Estate Limited
be named in the decree as such trus
tee; and counsel will be heard on thi.
point if they so desire.
cit appeals that two of the judges
of the (territoriaD supreme court, be
ing disqualified to sit at the hearing
and consideration of the said reserved
questions, the remaining judge, in sup
posed accordance with the constitution
of the Republic of Hawaii, authorized
two members of the bar of the supreme
court to sit in the places of the dis
qualified judges at the trial of the sait
case. The court, so constituted, hearC
argument in the matter of the re
served questions and took the same
under consideration, but, before reach
; ing a conclusion thereon, one of sucl
substituted judges resigned his posi-
tiOn as such judge and withdrew from
further connection with the case
p ThereupOn, on motion of counsel fol
: the plaiStiff, the same judge of thu
; supreme court requested and author
lied the remaining substituted judgt
and another member of the bar of thu
4 supreme court to sit with him in thu
i, determination of the said case. TIT
e court so constituted heard argumen
/; in the matter of the said reserved
f: questions and thereupon fled its de
G eision as hereinbefore set fOrth-find
+; ing that trust had been created il
Z, the property devised to Irene by tn
n will of her father and that such trus
!. had terminated upon her marriage an
d. majority; and also that she had a
n estate in fee simple in the propert
devised to her by such will.
i ~ do not find any conduct in thes
, circumstances that estOps these chi
y dren from contesting the decision i
the first case. The second case an
the events leading up to it show tina
there was no submission up to tina
J. time.
: "An important consideration no
y has to be taken up and that is, no
q will transactions entered into undo
II the rulings of the first and secon
It cases be affected by reversal. TIL
J. subject must be considered in COZ
ell nection with the interests OF the chi
It dren which are involved in the d.
o cision of this case If this court
| coTIect III HnulnB luhl ny lnt VIII I
their grandfather they are entitled
twO-thirds of the fund in court, SUI
IA iect to their mothers life iltere
m therein, then they are also entitled
~ two.thirds Of the lands Of his estat
Ia subject to such life interest. TIL,
IA have repudiated the transaction
"a which they would receive about on
10 third Of the estate in present EMO
"A l.ment, in lieu thereof. There would
ye an obvious injustice 10 them in cor
~ pelling them TO accept this arrang
ment and forego the estate that is d.
them upon a certain contingency. {
the other hand Il is suggested that II
portant dispositions Of the estate ha'
been made by those In control Of
" and within their apparent powers, u
~ der which rights have accrued 20 q
Il. estate and their lessees, No tes
n. mony has been offered as 20 the 9
~. tent aud character Of such diapo
v" tions nr N the present value Of 4
NJ landed property devised 10 Irene al
aF her childreni v is, however, agreed
M counsel That the eonu may asspl
'w This a. he over hnlf million doia