reglab/housing_qa huggingface dataset:
HI Rev Stat § 532-2 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-2 To heirs.

  §532-2 To heirs. Whenever any person dies intestate, his property, both real and personal, of every kind and description, shall descend to and be divided among his heirs, as in this chapter prescribed; provided that upon the death, testate or intestate, of any occupier or lessee of public land, holding under an existing certificate of occupation or an existing nine hundred and ninety-nine year homestead lease, succession to the decedent's interest in such land shall be determined as provided in section 171-99(e). CC 1859, §1447; RL 1925, §3302; RL 1935, §4810; RL 1945, §12070; RL 1955, §318-2; HRS §532-2; am L 1974, c 71, §1 Cross References  Decree of distribution, prima facie proof of descent of title, see §622-43.  Disposition of community property, see §510-10. Case Notes Effect of distribution decree.  In absence of statute permitting notice by publication, not binding on parties not served. 6 H. 47 (1871); 10 H. 421 (1896); 19 H. 232, 238 (1908); 22 H. 436 (1915).  As evidence. 30 H. 116 (1927).  Interpretation of word "heirs" as used in wills, deeds, etc.  "Heirs" distinguished from "by way of dower". 10 H. 687 (1897).  Dower estate is not an estate by way of descent. 17 H. 525, 527 (1906).  Class determined at time for distribution. 31 H. 1 (1929); 31 H. 418 (1930); 32 H. 32 (1931), aff'd 61 F.2d 598 (1932); 32 H. 140, 151 (1931).  No estates tail in Hawaii. 12 H. 375 (1900); 20 H. 372 (1911); 21 H. 699 (1913), aff'd 242 U.S. 612 (1916), 23 H. 537, 539 (1916); 23 H. 747 (1917), aff'd 255 F. 732 (1919), cert. denied, 249 U.S. 616 (1919); 24 H. 298, 303 (1918), mod. 25 H. 561 (1920); 31 H. 1, 3 (1929).  Word "heirs" construed as word of purchase. 8 H. 392, 402 (1892); 9 H. 88, 91 (1893); 21 H. 74, 78 (1912); 23 H. 685 (1917); 23 H. 747, 752 (1917), aff'd 255 F. 732 (1919), cert. denied, 249 U.S. 616 (1919).  Word "heirs" not necessary to convey fee. 13 H. 499 (1901); 23 H. 38, 44 (1915), aff'd 242 F. 446 (1917); 24 H. 298, 304 (1918), mod. 25 H. 561 (1920).  Word "heirs" not necessary to devise fee. 6 H. 694 (1888); 14 H. 142 (1902); 22 H. 233, 240 (1914).  Includes adopted child. 42 H. 129 (1957); 42 H. 640 (1958). No distinction between realty and personalty.  6 H. 8, 14 (1867); 8 H. 392, 404 (1892); 23 H. 685, 691 (1917); 32 H. 140, 144 (1931). Heirs take as tenants in common. 6 H. 8, 14 (1867); 23 H. 685, 691 (1917). Pedigree evidence.  13 H. 523, 525 (1901); 17 H. 577, 583 (1906). Relationship of declarant must be established by proof independent of declaration. 25 H. 127 (1919); 30 H. 116 (1927); 32 H. 1 (1931). Presumption against intestacy.  14 H. 378, 382 (1902); 21 H. 556, 565 (1913); 28 H. 590 (1925), rev'd 26 F.2d 609 (1928); 29 H. 359 (1926); 31 H. 259 (1930).  Property subject to inheritance.  Lease descends as chattel interest. 3 H. 763 (1877).  Equitable interest. 22 H. 78 (1914); 23 H. 685 (1917); 25 H. 174 (1919).  Homesteads. 35 H. 550 (1940).  Where devisee of residuary estate predeceased testator. 43 H. 304 (1959), aff'd 282 F.2d 431 (1960).
HI Rev Stat § 532-3 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-3 Actual possession not requisite.

  §532-3 Actual possession not requisite. It shall not be requisite that the intestate shall have been in actual possession of the property; it is sufficient if he had a good claim to it at the time of his death. [CC 1859, §1461; RL 1925, §3303; RL 1935, §4811; RL 1945, §12071; RL 1955, §318-3; HRS §532-3]
HI Rev Stat § 532-5 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-5 From unmarried minor child.

  §532-5 From unmarried minor child. If the intestate dies leaving several children, or leaving one child, and the issue of one or more others, and any surviving child dies under age not having been married, all the estate that came to the deceased child by inheritance from the deceased parent, shall descend in equal shares to the other children of the same parent, and to the issue of any other deceased children, who have died, by right of representation.   If at the death the child who dies under age, not having been married, all the other children of his parent are also dead, and any of them has left issue, the estate that came to the child by inheritance from his parent, shall descend to all the issue of the other children of the same parent; and if all the issue are in the same degree of kindred to the child, they shall share the estate equally; otherwise they shall take according to the right of representation. [CC 1859, § §1449, 1450; RL 1925, §3306; RL 1935, §4814; RL 1945, §12074; RL 1955, §318-5; HRS §532-5] Case Notes  This section is exception to general rule stated in §532-4. 8 H. 381 (1892). See 19 H. 223, 224 (1908); 20 H. 203, 209 (1910).
HI Rev Stat § 532-6 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-6 To child born to parents not married to each other.

  §532-6 To child born to parents not married to each other. Every child born to parents not married to each other at the time of the child's birth and for whom the parent and child relationship has not been established pursuant to chapter 584 shall be considered as an heir to the child's mother, and shall inherit her estate, in whole or in part, as the case may be, in like manner as if the child had been born in lawful wedlock. [CC 1859, §1452; am L 1874, c 50, §1 (repealed by L 1876, c 9); RL 1925, §3307; RL 1935, §4815; RL 1945, §12075; RL 1955, §318-6; HRS §532-6; am L 1997, c 52, §2] Cross References  Inheritance of child of illegal marriage, see §580-25. Case Notes  "Children lawfully begotten" does not include bastard legitimated by marriage. 14 H. 271 (1902).  Illegitimate child is not heir to mother's parent. 20 H. 722 (1911).
HI Rev Stat § 532-7 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-7 From persons born to parents not married to each other.

  §532-7 From persons born to parents not married to each other. If any person born to parents not married to each other dies intestate, without leaving lawful issue, or a spouse, the decedent's estate shall descend to the decedent's mother; but if the decedent leaves a spouse, the spouse shall take one-half, and the decedent's mother the other half, and if the decedent's mother is not living, but the decedent's spouse is, then the spouse shall take one-half, and the remaining half shall go to the decedent's brothers and sisters in equal parts, the children of any deceased brother or sister taking by right of representation. In default of surviving brothers or sisters, or their issue, such one-half shall go to the brothers and sisters of the decedent's mother in equal shares, the issue of any such brother or sister who is deceased, taking by right of representation. In default of any relatives as are in this section mentioned, the half, and the whole in the event that the decedent leaves no spouse, shall go to the decedent's next of kin. No action shall be commenced or prosecuted on behalf of the State to recover or hold any property which but for this section, might have been held to have escheated to the State. [CC 1859, §1453; am L 1874, c 50, §2 (repealed by L 1876, c 9); am L 1909, c 6, §1; RL 1925, §3308; RL 1935, §4816; RL 1945, §12076; RL 1955, §318-7; HRS §532-7; am L 1972, c 108, §2; am L 1997, c 52, §3] Case Notes  Cited: 4 H. 221, 225 (1879).
HI Rev Stat § 532-8 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-8 Kindred of half blood.

  §532-8 Kindred of half blood. The kindred of the half blood shall inherit equally with those of the whole blood in the same degree; provided that where the inheritance came to the intestate by descent, devise, or gift, of some one of his ancestors, all those who are not of the blood of the ancestor, shall be excluded from such inheritance. [CC 1859, §1454; RL 1925, §3309; RL 1935, §4817; RL 1945, §12077; RL 1955, §318-8; HRS §532-8] Case Notes  Effect of adjudication of pedigree in subsequent action. 3 H. 546, 551 (1874).  Kindred of half blood as heirs. 6 H. 410 (1883); 9 H. 393 (1894). Cousin of half blood as heir. 6 H. 487 (1884). "Each of my nephews and nieces" includes those of the half blood. 33 H. 299 (1935).  Definitions: "Ancestor" means any one from whom estate was immediately inherited by deceased, including son or wife of deceased. 9 H. 393 (1894); 20 H. 567 (1911). Kindred "of the blood" of an ancestor includes kindred of the half blood. 9 H. 393 (1894). "Gift" from ancestor does not include property transferred from wife to husband through intermediary. 20 H. 567 (1911); 20 H. 653 (1911). Whether "gift" includes other than testamentary gift. See 20 H. 567, 574 (1911).  Ancestral estates: Kindred of half blood of ancestor not excluded. 9 H. 393 (1894). Cousins of the blood of the deceased ancestor inherit in preference to half brother not of blood of ancestor. 13 H. 716 (1901); 15 H. 648 (1904).
HI Rev Stat § 532-9 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-9 Posthumous children.

  §532-9 Posthumous children. Posthumous children shall, in all cases, inherit the same as if they had been born during their father's lifetime. [CC 1859, §1456; RL 1925, §3310; RL 1935, §4818; RL 1945, §12078; RL 1955, §318-9; HRS §532-9]
HI Rev Stat § 532-10 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-10 Advancements; effect of.

  §532-10 Advancements; effect of. If an advancement has been made by an intestate to any of his children by settlement or portion of real or personal estate, or both, the value thereof shall be reckoned for the purposes of this section only, as part of the real and personal estate of the intestate, descendible to his heirs, and to be distributed to his next of kin, according to law.   If the advancement is equal or superior to the amount or share which the child would be entitled to receive, of the real and personal estate of the deceased, as above reckoned, then the child and his descendants shall be excluded from any share in the real and personal estate of the intestate.   If the advancement is not equal to the share, the child and his descendants shall be entitled to receive so much only of the personal estate, and to inherit so much only of the real estate of the intestate, as shall be sufficient to make all the shares of the children, in the real and personal estate and advancement, equal as nearly as can be estimated. [CC 1859, § §1457, 1459; RL 1925, §3311; RL 1935, §4819; RL 1945, §12079; RL 1955, §318-10; HRS §532-10] Case Notes  Advancement not part of intestate's estate. 10 H. 384, 386 (1896).  Gift of money as advancement on account of legacy. 32 H. 489 (1932), rev'd 70 F.2d 793 (1934).
HI Rev Stat § 532-11 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-11 Advancement; valuation of.

  §532-11 Advancement; valuation of. The value of any real or personal estate so advanced, shall be deemed to be that, if any, which was acknowledged by the child by an instrument in writing; otherwise, the value shall be estimated according to the worth of the property when given. [CC 1859, §1459; RL 1925, §3312; RL 1935, §4820; RL 1945, §12080; RL 1955, §318-11; HRS §532-11]
HI Rev Stat § 532-12 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-12 What not advancements.

  §532-12 What not advancements. The maintaining or educating, or the giving money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement. [CC 1859, §1460; RL 1925, §3313; RL 1935, §4821; RL 1945, §12081; RL 1955, §318-12; HRS §532-12]
HI Rev Stat § 532-13 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-13 Procedure if partition undesirable.

  §532-13 Procedure if partition undesirable. When any part of the property left by the intestate consists of real estate, and the same is to be divided among several children, and in the opinion of the probate court it is desirable that the real estate or any particular piece thereof be not divided, then the eldest son, and in succession of age after him the other sons, or if he or they renounce or decline the privilege, then the daughters in like succession may, after the property or piece of property has been duly appraised by a court of probate, elect to pay to the others the amount of their shares in money, in order that the land may not be divided. The same rule shall apply where a part of the claimants are children, and the rest are issue of deceased children of the intestate. [CC 1859, §1455; am L 1878, c 1; RL 1925, §3314; RL 1935, §4822; RL 1945, §12082; RL 1955, §318-13; HRS §532-13] Case Notes  Cited: 3 H. 546, 553 (1874).
HI Rev Stat § 532-14 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-14 Disposition by State.

  §532-14 Disposition by State. If the intestate leaves no kindred, the intestate's estate shall be disposed of as provided in chapter 523A. [CC 1859, §1451; RL 1925, §3315; RL 1935, §4823; RL 1945, §12083; RL 1955, §318-14; HRS §532-14; am L 1974, c 75, §6; am L 1985, c 68, §25] Case Notes  "Kindred", meaning of. 4 H. 221, 225 (1879).  Cited: 3 H. 262, 268 (1871); 20 H. 114, 116 (1910).
HI Rev Stat § 532-15 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|532. Descent of Property|532-15 REPEALED.

  §532-15 REPEALED. L 1987, c 307, §2. Cross References  For present provision, see §560:2-105.5.
HI Rev Stat § 533-1 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-1 REPEALED.

  §533-1 REPEALED. L 1997, c 244, §17.
HI Rev Stat § 533-2 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-2 Election in case of exchanged lands.

  §533-2 Election in case of exchanged lands. If a husband seised of lands in fee simple, in freehold, or in leasehold, exchanges them for other such lands, his widow shall not have dower to both, but shall make her election to be endowed of the lands given, or of those taken in exchange, within six months after the death of her husband. If the election is not made, she shall take her dower of the lands received in exchange. [CC 1859, §1300; RL 1925, §3018; RL 1935, §4831; am L 1939, c 33, §2; RL 1945, §12101; RL 1955, §319-2; HRS §533-2; am L 1970, c 31, pt of §1]
HI Rev Stat § 533-3 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-3 In lands mortgaged before marriage.

  §533-3 In lands mortgaged before marriage. Where any person seised of lands, as aforesaid, has executed a mortgage of the lands before marriage, the widow shall, nevertheless, be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him. [CC 1859, §1301; RL 1925, §3019; RL 1935, §4832; RL 1945, §12102; RL 1955, §319-3; HRS §533-3]
HI Rev Stat § 533-4 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-4 Not in lands mortgaged for purchase money during coverture as against mortgagee.

  §533-4 Not in lands mortgaged for purchase money during coverture as against mortgagee. When a husband purchases lands during coverture, and at the same time mortgages his estate in the lands to secure the payment of the purchase money, his widow shall not be entitled to dower out of the lands, as against the mortgagee or those claiming under him, although she has not united in the mortgage, but she shall be entitled to her dower as against all other persons. [CC 1859, §1302; RL 1925, §3020; RL 1935, §4833; RL 1945, §12103; RL 1955, §319-4; HRS §533-4] Case Notes  See 16 H. 489, 495 (1905).
HI Rev Stat § 533-5 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-5 In surplus after purchase-money mortgage paid.

  §533-5 In surplus after purchase-money mortgage paid. Where in such case the mortgagee, or those claiming under him, after the death of her husband, causes the land mortgaged to be sold, and any surplus remains, after the payment of the moneys due on the mortgage, and the costs and charges of the sale, the widow shall be entitled to the interest or income of the one-third part of the surplus, for her life, as her dower. [CC 1859, §1303; RL 1925, §3021; RL 1935, §4834; RL 1945, §12104; RL 1955, §319-5; HRS §533-5]
HI Rev Stat § 533-6 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-6 Not in lands held by husband as mortgagee.

  §533-6 Not in lands held by husband as mortgagee. A widow shall not be endowed of lands conveyed to her husband by way of mortgage, unless he acquired an absolute estate therein during marriage. [CC 1859, §1304; RL 1925, §3022; RL 1935, §4835; RL 1945, §12105; RL 1955, §319-6; HRS §533-6]
HI Rev Stat § 533-7 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-7 Widow's right to occupy lands while dower unassigned.

  §533-7 Widow's right to occupy lands while dower unassigned. When a widow is entitled to dower in the lands of which her husband died seised, she may continue to occupy the same, with the children or other heirs of the deceased, or to receive one-third part of the rents, issues, and profits thereof, so long as the heirs do not object thereto, without having her dower assigned. [CC 1859, §1305; RL 1925, §3023; RL 1935, §4836; RL 1945, §12106; RL 1955, §319-7; HRS §533-7] Case Notes  Before enactment of this section no right of occupancy before dower assigned, and where widow occupied her possession might be adverse. 4 H. 536, 538 (1882); 11 H. 755 (1899).  Right of occupancy as including right to plant crops, see 5 H. 182 (1884).  Heir who objects to widow's occupancy under this section may bring ejectment. 17 H. 525, 527 (1906).  Effect of this section on doctrine that dowress not a tenant in common, see 21 H. 431, 434 (1913); compare 15 H. 284, 286 (1903).
HI Rev Stat § 533-8 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-8 Widow's right to remain in husband's house.

  §533-8 Widow's right to remain in husband's house. A widow may remain in the house of her husband sixty days after his death, without being chargeable with rent therefor. In the meantime she shall have her reasonable sustenance out of his estate. [CC 1859, §1306; RL 1925, §3024; RL 1935, §4837; RL 1945, §12107; RL 1955, §319-8; HRS §533-8]
HI Rev Stat § 533-9 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-9 Barred by divorce or misconduct.

  §533-9 Barred by divorce or misconduct. In case of divorce dissolving the marriage contract, the wife shall not be endowed.  No wife who has for one year or upwards, previous to the death of her husband, wilfully and utterly deserted her husband, shall be endowed or be entitled by way of dower to any property owned by him at the date of his death. [CC 1859, §1307; RL 1925, §3025; RL 1935, §4838; RL 1945, §12108; am L 1945, c 212, §1; RL 1955, §319-9; HRS §533-9] Case Notes  Divorce cuts off dower though obtained by wife for misconduct of husband. 12 H. 265 (1899).  Though appeal from divorce decree pending at time of death, no dower. 35 H. 440 (1940).  "Wilful and utter desertion," establishment of. 61 H. 236, 602 P.2d 521 (1979).
HI Rev Stat § 533-10 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-10 Barred by deed.

 §533-10 Barred by deed. A woman may bar her right of dower, in any land conveyed by her husband, by joining with him in the deed conveying the same, and therein releasing her claim to dower, or by a separate deed releasing the same, made at the time of the conveyance by her husband, or subsequently; or she may delegate to an attorney in fact other than her husband, the power to execute such release, either by general or special power of attorney, and her execution and acknowledgment of the power of attorney may be in the same manner as if she were sole; or by agreement made in contemplation of divorce or judicial separation as provided by section 572-22.   No release of dower duly executed by the attorney in fact of any married woman prior to April 18, 1898, shall be invalid or inoperative merely by reason of its not having been executed by the married woman in person. [CC 1859, §1308; am L 1898, c 13, § §1-2; RL 1925, §3026; RL 1935, §4839; am L 1939, c 33, §3; RL 1945, §12109; RL 1955, §319-10; HRS §533-10] Revision Note  Section "572-22" substituted for "573-2". Case Notes  See 6 H. 72 (single justice) (1872).
HI Rev Stat § 533-11 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-11 Barred by jointure before marriage.

  §533-11 Barred by jointure before marriage. A woman may also be barred of her dower in the lands of her husband, by a jointure settled on her with her assent before her marriage; provided the jointure consists of an estate in lands, for the life of the wife at least, to take effect immediately on the death of her husband; her assent to the jointure being expressed, if she is of full age, by her becoming a party to the conveyance by which it is settled, and if she is under age, by her joining with her father or guardian in the conveyance. [CC 1859, §1309; RL 1925, §3027; RL 1935, §4840; RL 1945, §12110; RL 1955, §319-11; HRS §533-11]
HI Rev Stat § 533-12 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-12 Barred by pecuniary provision before marriage.

  §533-12 Barred by pecuniary provision before marriage. Any pecuniary provision that is made for the benefit of an intended wife, and in lieu of her dower, shall, if assented to as provided in section 533-11, bar her right of dower in all the lands of her husband. [CC 1859, §1310; RL 1925, §3028; RL 1935, §4841; RL 1945, §12111; RL 1955, §319-12; HRS §533-12]
HI Rev Stat § 533-13 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-13 Election between dower and jointure or pecuniary provision, when.

  §533-13 Election between dower and jointure or pecuniary provision, when. If any jointure or pecuniary provision in lieu of dower is made before the marriage and without the assent of the intended wife, or if it is made after marriage, it shall bar her dower, unless within six months after receiving notice of the death of her husband, and of the jointure or pecuniary provision, she makes her election to waive the jointure or provision, and to be endowed of the lands of her husband. [CC 1859, §1311; RL 1925, §3029; RL 1935, §4842; RL 1945, §12112; RL 1955, §319-13; HRS §533-13] Case Notes  See 6 H. 72, 85 (single justice) (1872).
HI Rev Stat § 533-14, 533-15 (2021)
2021 Hawaii Revised Statutes|Title 29. Decedents' Estates|533. Dower and Curtesy|533-14, 533-15 REPEALED.

  § §533-14, 533-15 REPEALED. L 1977, c 144, §54.