Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-05-26

important not only because OF the II.
nous fight In the Spreckels family, but
because the disposition Of probably
81, 100000 worth Of real estate here
depends ugon Il. The three heirs that
won under the California decision
were preparing to dispose Of their
holdings here when the case brought
In the local courts stopped negotia-
tons. The property ut Merchant and
Bishop streets Is particularly affected
by the fight.
Circuit Judge Fl. E. Cooper's de-
cision of last January. over-turning
the will of the late Claus Spreckels.
holding against the supreme court Of
California and declaring that in the
Spreckels properties located in Ha-
wall the five children should share
equally, is reversed by the supreme
court of the territory, which today
handed down lengthy decision on
the two quits brought by John ID. and
Adolph b Spreckels, who were
ignored in the. old sugar kings will.
The supreme court of Hawaii takes
the same view OF The famous. Spreck-
els will as did the supreme court OF
California, and yacates the decision
Of the lower court, ordering judgment
to be entered in favor OF the defend
ants.
After losing out In the California
courts in their effort to acquire title
to share In the big estate in that es-
tate, the two brothers transferred
their battle to Hawaii last summer, IN
stituting action to acquire title to he
properly held in he territory. This
consists of real estate and has been
variousiy estimated at $500,OOO to ST.
100000 in value.
in transferring their activities they
brought two suits In Honolulu. one
against the other heirs and the pres
ent holders Of leases, and anofhef
against G. Brewer & Company The
supreme courts decision. given today,
affects both suits similarly.
The supreme court syllabus, giving
IN brief the courts reasons for its
ruling. says:
"Wills-devise Of real property con-
strued according to lex. rel sitae.
The construction and effect OF a
devise of real property situated in a
jurisdiction other than that of the tes-
tator's domicil is to be determined in
accordance, with the law of the juris-
diction where the land is situated.
"Same-devise Of property in trust to
divide and convey vested in
terests.
"a testator devised and bequeathed
all his estate to trustees in trust to
pay net income thereof to his wife dur
ing her natural life; and upon death
Tor upon the death OF the testator in
case he should survive his wife) to
divide the estate into three equal
parts when one Of such parts should
be forthwith assigned transferred,
set over and delivered BY tnen 20 mis-
son c., same to be anl become mis-
absolutely and forever. ana another rf
such parts similarly to ms son r.:
and to pay the net income ifonl the
remaining equaF third par, of the es-
tate to his daughter z. during her
natural life, and upon ner ceath to
pay over the principal to Els child
,ren and grand children. The wife
survived by the testato.. ana the sons
and daughter survived their mother
Held, that the trustees TOOK the legal
title to the entire estate IN trust for
the purposes stated in the Will, and
that the will imposed upon the trus-
tees the active duty, iipcn The death
of the widow, to divide shs estate in
to three equal parts and to assign,
transfer and convey one or such PARIS
to each Of the two sons; tha. the tes-
tator did not, intend that the equitah,a
interests of the suns were TO remain
contingent until the division and
transfer of the property blythe tr,Is-
tees but that those interests were to
become vested ut las. upon the
death of the widow, that the fact
that the estate was y large one witch
1t might take a lolg t.me to divide
would not prevent those Interests from
vesting in the s7a5 III undivided
shares subject to he division and
transfer by the trustees: ami hat
the will did not violate the rule
against perpetuities.
"Same-Effeet of different construc-
tions-trust void IN do 'fciiary juris-
diction.
Where a trust ~ convey real es-
tate created by vii Is va.id accord