Hawaiian Trust Co. v. Stanley

DISSENTING OPINION OE

PAKSONS, J.

I respectfully dissent. The provision of section 3033, R. L. 1925, that the father of legitimate children “shall be the natural guardian of their persons and of their property” was enacted April 27, 1846, as part of section VII of Article I of chapter IV of an Act to organize the executive departments, and appears to have been, to the extent above quoted, merely declaratory of the common law of the Kingdom of Hawaii as it then existed. The powers of a natural guardian then included, among other things, the control and management of his ward’s property. (See Lot…