The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1910-09-02
CHILDREN GET RIGHTS
UNDER / WILL
Dole's Decision Affects Half Mil
lion Real Estate Deals-OId
Case Reopened.

1t i 4 short name but long ease. |
In Federal Judge Dole's jurisdiction !
yesterday there was determined the /
distribution OF $4,000 awarded some !
several years ago for condemnation OF !
certain lands at Pearl Harbor for the !
United States naval station. Of course
there may be an appeal, as is usually
the case.
L. ;, Judge Dole, placing new con
strucrion on the affairs of the John
Ii estate, yesterday morning rendered
d decision. holding an ancient Hawai-
ian supreme court decision to be void,
deciding that the children are 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 s rulings on the
construction of the Will are not only
erroneous, but are void, and the entire
matter may be opened by any 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 HoI-
loway, children of her former husband,
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 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 representatives
and one-sixth TO the representatives.
| Of the said Irene and One-sixth to the
said c. \. 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 this
point if they so desire.
IF a1nnatS that fyrn n tho 1TIppS
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 al the trial of the said
case. The court. so constituted. heard
argument in the matter of the re-
served questions and took the same
under consideration. but. before reach.
ing conclusion thereon, one OF such
substituted Judges resigned his posi-
tion as such Judge and withdrew from
further connection with the case
Thereupon, on. motion Of counsel for
the plaintiff. the same Judge Of the
supreme court requested and author
lied the remaining substituted Judge
and another member of the bar Of the
supreme court to sit with him in the
determination Of the said case. The
court 50 constituted heard argument
: in the matter of the said reserved
questions and thereupon filed its de
/ cision as hereinbefore set forth--fnd
ing that trust had been created in
II /
viii Of her father and that such trust
had terminated upon her marriage and
ma iority; and also that she had az
estate in fee simple in the property
devised to her by such will.
~ do not find any conduct in these
circumstances that estops these chill
, dren from contesting the decision II
the first case. The second case anG
the events leading up to it show that
there was no submission up 10 thai
time.
An important deration now
: has TO he taken mp and that is, how
will transactions entered into unde1
the rulings Of the first and secont
cases be affected by a.reversal. Thil
? subject must be considered in con
nection with the interests Of the chill
dren which are involved in the de
cision Of This case. If this court j.
correct in finding that by the will Of
| their grandfather they are entitled Il
tso-thirds Of the fund in court. sub
iect to their mothers life interes
therein. then they are also entitled Il
two-thirds Of the lands Of his estate
; subject to such life interest They
have repudiatcd the transaction b1