Fitchie v. Brown
Hawaii Supreme Court
Submission on Agbeed Statement op Facts. STATEMENT OP THE CASE. This is a submission on a case agreed between the heirs of the late George Galbraith and the executors and trustee under his will asking adjudication of certain matters in controversy between them.
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Submission on Agbeed Statement op Facts. STATEMENT OP THE CASE. This is a submission on a case agreed between the heirs of the late George Galbraith and the executors and trustee under his will asking adjudication of certain matters in controversy between them. The facts agreed upon are as follows: Galbraith, a native of Ireland and for many years next preceding and at the time of his death domiciled in Honolulu, died November 5, 1904, leaving a will executed together with a codicil in Honolulu January 21, 1904, and admitted to probate March 24, 1905, before a judge of the first circuit. The…
1Opinion of the Court
OPINION OF THE COURT BY
HARTWELL, J.
The mile against perpetuities is law in Hawaii, being a rule of the English common law which is declared in the Judiciary Act of 1892 (R. L., Sec. 1) to be in force here. By that rule the direction in Galbraith’s will for a division of the trust fund is invalid unless by the provisions of the will the division must be made by the end of lives in being and 21 years thereafter. If the will, when construed with reference to all its provisions, requires perpetual annuities to be paid out of the income then the fund which is placed in trust for supplying the…
2Cases cited4 opinions
- Kinney v. ClarkSupreme Court of the United States · 1844
- Thurston v. AllenHawaii Supreme Court · 1892
- Hackfeld v. KingHawaii Supreme Court · 1897
- In re Dunham's WillNew York Supreme Court · 1888
3Cited by25 opinions
- Bishop v. MahikoHawaii Supreme Court · 1940
- Matter of Estate of HoltHawaii Supreme Court · 1993
- In Re the Estate of Chun Quan Yee HopHawaii Supreme Court · 1970
- In Re the Estate of CampbellHawaii Supreme Court · 1936
- Trust Created Under the Will of DamonHawaii Supreme Court · 1994
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