Wailehua v. Lio
Hawaii Supreme Court
Appeal prom Decision op McCully, J. Where there is a conveyance to hushand and wife: on the death of the wife, the entire estate vests in the husband. Paahana vs. Bila, S Hawn., 725, approved. The title of tenants in common must be conceded and at rest between them, or the Court has no jurisdiction 'to partition the estate.
1Opinion of the Court
Opinion op the Court, by
Judd, C. J.
This is a bill for partition of certain real estate granted to one Nalaweha by Boyal Patent No. 1512.
The bill alleges that the premises were conveyed by Puuheana, the widow of said Nalaweha, to defendant, Lio, and Kamakaluhi, Ms wife, and claims that Kamakaluhi having died intestate, in 1883, her estate in the land descended one-half to her father, the plaintiff, Wailehua, and one-half to her husband, Lio.
The defendant demurs, on the ground that as the conveyance from Puuheana was to Lio and Kamakaluhi, who were husband and wife, on the death of Kamakaluhi…
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