Rosenbledt v. Wodehouse

Citations

• 25 Haw. 561
• 1920 Haw. LEXIS 27

Syllabus

<p>Appeal and Error — law of the case — decision on reserved, questions.</p> <p>The rule generally referred to as the law of the case does not apply to interlocutory decisions and decisions on reserved questions so as to prevent this court from re-examining the same question when the case comes before it on a subsequent appeal.</p> <p>Deeds — construction.</p> <p>In case of a grant to “E, her lawfully begotten children, their heirs and assigns,” without such words as “after her decease” and E has no children at the time of the grant, the words “lawfully begotten children” become words of limitation and at common law E would take an estate tail.</p> <p>Same — same.</p> <p>But since estates tail cannot be created • or exist here E will be held to take an estate in fee simple unless in order to give effect to other provisions of the deed a different holding is necessary.</p> <p>Same — same.</p> <p>Where such deed contains an additional provision forbidding E from selling the land it will more nearly carry out the expressed intention of the grantor to hold that E took a life estate with remainder in fee to her lawfully begotten children.</p>