Kaleleonalani v. Smith
Hawaii Supreme Court
ON EXCEPTIONS- His late Majesty Lunalilo devised to plaintiff “the premises-at Waikiki known as my Marine Residence.” The defendants surrendered to plaintiff certain premises at Waikiki, about four-acres in extent, on which stood the residence, a; detached cottage and the outbuildings.
Read the full summary
ON EXCEPTIONS- His late Majesty Lunalilo devised to plaintiff “the premises-at Waikiki known as my Marine Residence.” The defendants surrendered to plaintiff certain premises at Waikiki, about four-acres in extent, on which stood the residence, a; detached cottage and the outbuildings. Plaintiff brought this- action to recover twenty-five acres, the remaining portion of this-traet of land ;. Held, it was no error for the Court to admit evidence to show what was “known as the Marine Residence,” on the ground that there was a latent ambiguity in these words. Much of the evidence thus admitted…
1Opinion of the Court
Opinion of the Court by
McCully, J.
(Justice Judd having drawn the codicil referred to, and testified in the case, did not sit.)
The matter before the Court may be stated thus: The plaintiff herein is the devisee under the second item of the •codicil of the will of Ilis late Majesty Lunalilo, in these words:
“Second — After the decease of my father, I devise the premises at Waikiki, Oahu, known as my Marine Residence, to Queen Emma, her heirs and assigns forever.”
Upon the death of the father, the defendants were constituted trustees, as provided in the will, and took possession of the whole…
Also in this document: Per curiam.
2Cited by6 opinions
- Territory v. GotoHawaii Supreme Court · 1923
- State v. CavnessHawaii Supreme Court · 1963
- Robinson v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1911
- Hayselden v. LincolnHawaii Supreme Court · 1917
- Young v. PriceHawaii Supreme Court · 1968
1 more not listed; retrieve them via the Exa API.