The Hawaiian gazette., 1910-03-04
GRAMMAR Of
HAWAII DEFECTIVE
imperative Mood and Future
Tense Not Distinguishable
and Court lnterprets.
.From thursdays Advertiser.j

Simerson VS.. William Kukailani Sinner
son, minor, by his guardian w, X.
Simerson, in which the syllabus gives
the conclusions as follows:
A deed conveying absolutely" to
to A "and her heirs forever" reserving
all rights and income for lives of
grantor and wife upon condition that
grantee "can not'' sell or mortgage
and that after her death the land "is
to descend" to her son and after born
children "and their heirs and assigns
forever gives the grantee the fee
which is not reduced to o life estate
by the condition against alienation.
The suit grew out of land devised to
| their Simerson heirs. On july 90, 1907,
William Kalaehao conveyed to his
daughter Mary Nanea Simerson GER
tain piece of land situate on Nuuanr
avenue. The grantor and his wife have
since died, and the grantee has not
paid the mortgage and has no other
child than William, named in the con-
veyance, whose guardian joins the sub
mission. The question is did the grantee
take under the deed an absolute fec
simple subject to the mortgage and life
estate reserved to the grantor and his
wife, and is the fee in the grantee IS
son William subject to life estate
only in the mother, the grantee, as
well as to the terms of the mortgage
and rights of after born children. The
plaintiff claims that the fee is granted
20 H.. ha &c
and description of the persons taking
tine land.
The Interpretation of the words of
the conveyance are rather puzzling ac-
cording to the following statement of
the opinion which is written by Chief
Justice Hartwell:
The Hawaiian deed, of which a copy
has been fled by request of court, shows
that the English version appears 20
have been adapted to forms in Eng
| lish deeds. For instance, it has no
formal habendum, but in place of it,
Immediately after the clauses marked
1 and 2 requiring that the grantee shall
| not sell or mortgage the land and shall
pay the mortgage on it, appear the
words which literally may be translated,
''The land is gone (ilo), all the rights
and the benefits upon it to said Mary
Nanea Simerson Immediately after our
dying" and next following, "and upon
her dying the land will Cor shall)
descend (ili, usually meaning go as an
inheritance and translated by. the par,
ties as "descend'') upon her chill
which she now has, w. K. S., and other
children which she may have hereafter
and to their heirs and.assigns forever"
This is not remainder but an express
sion of the grantor's wish or intention
that the Inheritance which he had given
| to his daughter should descend from
her to his grandchildren. There is no
| Hawaiian word which is the exact
| equivalent of condition." the word
"kumu," translated Conditions
| used in the version meaning " grounds"
| or considerations Moreover, the
| Hawaiian language does not distinguish
between the imperative mood and the
| future tense. The deed then would
readily mean to the Hawaiian mind that
| the grantor gives the land to his daugh-
ter absolutely and to her heirs and as.
signs forever, considering that she will
Coz, shal) not sell or mortgage it and
will pay off its mortgage and that at
her death it will Cor shall) descend
to her children. These expressions are
| equally futile in their effect upon the
fee granted to the plaintiff.
''Mongoose" Wanted.
Judge Whitney has ordered Mou-
goose to appear in court tomorrow
morning at nine O'Clock. Judicial cog
nizance has not been taken of the little
pest which robs hen nests, but one
John Costa, alias "'Mong0ose at Ka
huku plantation. He has been sub
poenaed as a witness in the case of the
Territory versus Joseph Freatas.
Railroad Bonds for Sale.
Two Oahu Railway & Land CO. S
bonds of the par value of $4,000 have
been ordered by Judge Robinson to be
sold that the proceeds may be applied
to taking up n mortgage on the La
zarus estate property. The estate con
trolls railroad stock and bonds, and the
two bonds will relieve the property of
] mortgage indebtedness. lugsg
Court Notes
Judge Robinson has issued an order
approving the accounts of Thomas A..
Birmingham, administrators of the estate
of Stuart Porteus Birmingham, deceas
ed. The administrator has done all
things a good and faithful steward
should do, and he is discharged from all
further liability.
+. NJ. Swanzy, auxiliary admins
traitor with the will annexed of the es.
tate within the Hawaiian Islands of
Thos. Rain Walker, has been discharg
ed by order of the court, having com
piled with the will provisions aud dis.
charged his duties faithfully. The In.
fheritance tax has been paid to the
| Territory.
A discontnuancc has been filed In
the circuit court Of the action of IIee
Fat versus Tong Kan, The former
sued for the recovery of sl00T alleged
TO be due on promlsory notes,
Before the supreme court this nom.
ing IN the case OF the Territory W.
Charles Chamberlain, hearing will
be- held ON two motions to dismiss
defendant = appeal from the decision
Of the waiukn Judge
Satisfaction 81 judgment h filed Ia
ihe full ~ Wong Hhee against liee Pat,