Mercer v. Kirkpatrick

OPINION OP THE COURT BY

ROBERTSON, C.J.

This is an action brought under tbe statute (Cb. 153, R. L. 1915) to quiet tbe title to certain land situate at Kapahulu, *645city and county of Honolulu. The several parties to the action claim title in fee simple under the will of John Byron Mercer, who died in Honolulu on December 18, 1913, the premises in dispute being his home at the time of his death.

The will in question was made at Edmonton, Alberta, Canada, on September 9, 1912, while the testator was on a visit to that city, his former place of residence. The controversy has grown out of the…