The John Ii Estate v. George Ii Brown
Decision Date | 07 December 1914 |
Docket Number | No. 98,98 |
Citation | 59 L.Ed. 259,35 S.Ct. 106,235 U.S. 342 |
Parties | THE JOHN II ESTATE, Limited, Plff. in Err., v. GEORGE II BROWN and Francis Hyde Ii Brown, a Minor, and A. A. Wilder, as Guardian ad Litem of Francis Hyde Ii Brown |
Court | U.S. Supreme Court |
Messrs. Reuben D. Silliman, Joseph Larocque, and Clarence Blair Mitchell for plaintiff in error.
Messrs. A. A. Wilder and F. E. Thompson for defendants in error.
[Argument of Counsel from pages 343-345 intentionally omitted] Mr. Justice Holmes delivered the opinion of the court:
This case began as a proceeding by the United States for the taking of certain land. The land was condemned and the sum that was determined by the judgment to be the compensation due to the owners was paid into court. Supplementary proceedings then were had in the cause, according to local statutes, for the determination of the title to this fund as among different claimants who appeared and set up their claims. The plaintiff in error claimed the whole by virtue of a deed from Irene Ii (Brown), daughter of John Ii, to its grantor, alleging that John Ii devised the land to Irene in fee, and that her title in fee was established by judgments of the supreme courts of the Hawaiian Islands and of the territory of Hawaii. The defendants in error, two of the three children of Irene, claim one third each, subject to their mother's life interest, on the ground that John Ii devised the land to Irene for life only, with remainder to her children. The circuit court of appeals sustained the latter claim. 119 C. C. A. 458, 201 Fed. 224.
It will be enough to give a few passages from the agreed but more or less impugned translation of the will out of its original Hawaiian: It is obvious what hesitation an American court ought to feel in attempting to construe a Hawaiian will on the strength of this translation, and, still more, in disregarding the opinion of the court on the spot, familiar with Hawaiian habits, and not improbably with Hawaiian speech.
John Ii died in 1870. In 1894, the Hawaiian waiian Islands then being an independent sovereignty, a bill was filed by Irene and her two children, the present defendants in error, by A. F. Judd as their next friend, and A. F. Judd, as executor, guardian of Irene, and trustee under the will, against Charles A. Brown, husband of Irene, alleging that Brown was in possession and squandering the estate, and praying, among other things, for a construction of the will and determination of the relative rights of the children and mother, and for the reinstatement of Judd in possession as trustee. An amended complaint joined Sanford B. Dole as plaintiff, he having been appointed to take the place of Komoikehuehu, deceased. The case dragged along and finally, the chief justice and one of the justices being disqualified, the remaining justice requested and authorized two members of the bar to sit with him, which they did. At the hearing they reserved questions of law to the supreme court of the Islands two of which were: The supreme court entertained the case, and, as appears from the opinion, against the...
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