Legal Opinion

Makea v. Nalua

Hawaii Supreme Court

Decided October 24, 1879PublishedCited by 2 opinions

ON QUESTION RESERVED. By the statutes of descent, the inheritance of collaterals terminates with the brothers and sisters of the parents of the intestate and their direct descendants. Plaintiff’s grandfather being brother to intestate’s grandmother, he as intestate’s second cousin cannot inherit from her. The relationship of grand-uncle to a desceased intestate is not an inheriting relationship.- Semble. A grandfather cannot inherit from his grandson.

1Opinion of the Court

Opinion of a majority of the Court by

Harris, C. J.

This is an action of ejectment for a piece of land in Koo-laupoko, Oahu. The jury rendered a verdict for the plaintiff, to which the defendant excepted and moved for judgment non obstante veredicto, on the ground that by the evidence of the plaintiff he is not within the degree of relationship which by the statutes of this country would entitle him to inherit.

The land was patented to Hinaaimalama, who died leaving an infant son Kupau and a widow Kalele; the son died soon after, and the estate vested in his mother Kalele. Makea, the…

Also in this document: Per curiam.

2Cited by2 opinions

  1. Kalaeokekoi v. Wailuku Sugar Co.Hawaii Supreme Court · 1907
  2. Hale v. MaikaiHawaii Supreme Court · 1899

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