Naopala v. Hina

Citations

• 24 Haw. 341
• 1918 Haw. LEXIS 40

Syllabus

<p>Deeds — naming grantee.</p> <p>Where the granting clause of a deed fails to name the grantee or it is doubtful therefrom in whom the estate is intended to vest the omission may be cured or the uncertainty cleared away by the habendum wherein the grantee is named.</p> <p>Joint Tenancy — tenancy in common — statutes.</p> <p>If there is a doubt as to whether the grantor intended by his deed to vest an estate in joint tenancy or in tenancy in common the deed must, under the provisions of section 3132 R. L., be construed to create an estate in common and not one in joint tenancy or by entirety. If, however, it manifestly appears from the tenor of the deed that it was intended to create an estate in joint tenancy the deed must be given that effect.</p>