Puukaiakea v. Hiaa
Hawaii Supreme Court
Appeal erom Decision oe Preston, J. An instrument in the form of a deed, reserving a life interest to the grantors, held not to be a will, but a valid deed. Delivery and acceptance by the grantee held to be proved sufficiently. The common law rule, that a deed creating an estate in futuro is void, has never been adopted by the Courts of this Kingdom. The common law is not in force eo nomine in this Kingdom: its technical rules are in force here only as they may be adopted.
1Opinion of the Court
*485Opinion op the Court, by
McCully, J.
The complainants set forth that they are husband and wife, now elderly and Infirm. That in February, 1881, they executed an instrument In writing • < as and for a will and nothing more and nothing less.” The material parts of this instrument, translated from the Hawaiian, are as follows: — “Know all men by these presents that we Ruth Puukaiakea and Kailio her husband * * * * in consideration of love and affection and one dollar paid each of us by Lota Kuokoa Hoopii our beloved grand-child, by these presents sell, grant and confirm unto the said Lota, his…
2Cited by4 opinions
- State Savings & Loan Ass'n v. Kauaian Development Co.Hawaii Supreme Court · 1968
- Magoon v. Lord-Young Engineering Co.Hawaii Supreme Court · 1914
- Keliiilihune v. VierraHawaii Supreme Court · 1900
- Ako v. RussellHawaii Supreme Court · 1933