Kauhi v. Liaikulani
Hawaii Supreme Court
In November, 1852, administration on the intestate’s estate was granted by the Probate Court in Honolulu to the appellant’s parents,' Kalawa and Mahiai, the latter of whom was the intestate’s sister and died in 1862. They were also appointed guardians of the appellee as the supposed son and heir of the intestate, on the testimony of the said Kalawa and others to that effect.
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In November, 1852, administration on the intestate’s estate was granted by the Probate Court in Honolulu to the appellant’s parents,' Kalawa and Mahiai, the latter of whom was the intestate’s sister and died in 1862. They were also appointed guardians of the appellee as the supposed son and heir of the intestate, on the testimony of the said Kalawa and others to that effect. In June, 1871, on petition by the appellee for final distribution of the estate, the appellant claimed to be heir as next of kin, and denied that the appellee was the intestate’s son. The Court decreed in favor of the…
1Opinion of the Court
Hartwell, J.:
The decree of a Court of competent jurisdiction is generally conclusive in matters which required to be adjudicated as a basis for the decree. In granting administration, the intestacy of the decedent requires to be determined, and that fact when so determined should not afterwards be questioned by parties to the proceedings. But if the Court should go on to decide other matters not then requiring adjudication, as for instance who the heirs are, such adjudications would have no conclusive effect. In appointing a guardian, the Court has only to find prima facie cause for such…
2Cases cited2 opinions
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- Barker v. . BinningerNew York Court of Appeals · 1856
3Cited by7 opinions
- Molokai Ranch, Ltd. v. MorrisHawaii Supreme Court · 1942
- Lopez v. Soy YoungHawaii Supreme Court · 1893
- Nakookoo ex rel. Thompson v. NoholoaHawaii Supreme Court · 1909
- Silveira v. AhloHawaii Supreme Court · 1904
- McBRYDE SUGAR COMPANY, LIMITED v. RobinsonHawaii Supreme Court · 1973
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