Cooke Trust Co. v. Kam Hon Ho

DISSENTING OPINION OF

ABE, J.

The trial court was called upon to decide who were to take under the will of Ho Poi as his “lawfully begotten children.” Thus, its task was to determine the testator’s intent as to who fell into the class of “lawfully begotten children.” Booth v. Baker, 10 Haw. 543 (1896); Brown v. Brown, 11 Haw. 47 (1897); Rooke v. Queen’s Hospital, 12 Haw. 375 (1900); Collins v. Hodgson, 36 Haw. 334 (1943); Knight v. Carter, 31 Haw. 535 (1930).

The majority of this court seems to engage in the following line of reasoning:

1) It is admitted that Ho Poi fathered all 17 of the…