§532-4  General rules of descent.  (a) 
Issue, lineal descendants.  The property shall be divided equally among the
intestate's children, and the issue of any deceased child by right of
representation, and if there is no child of the intestate living at his death,
his estate shall descend to all his other lineal descendants; and if all such
descendants are in the same degree of kindred to the intestate, they shall
share the estate per capita, that is, equally; otherwise they shall inherit per
stirpes, that is, by each of the children taking a share, and the
grandchildren, the children of a deceased child taking a share, to be
afterwards divided among themselves.



(b)  Widow; father and mother; brothers and
sisters.  If the intestate leaves no issue, his estate shall descend one-half
to his widow, and the other half to his father and mother as tenants in common;
and if he leaves no widow, nor issue, the whole shall descend to his father and
mother, or to either of them if only one is alive.



If he leaves no issue, nor father, nor mother,
his estate shall descend one-half to his widow, and the other half to his
brothers and sisters, and to the children of any deceased brother or sister by
right of representation.  If he leaves no issue, nor father, nor mother, nor
widow, his estate shall descend to his brothers and sisters, and to the
children of any deceased brother or sister by right of representation.



(c)  Husband; father and mother; brothers and
sisters.  If the intestate is a woman and leaves no issue, her estate shall
descend one-half to her husband, and the other half to her father and mother as
tenants in common, and if she leaves no husband, nor issue, the whole shall
descend to her father and mother, or to either of them if only one is alive; if
she leaves no issue, nor father, nor mother, her estate shall descend one-half
to her husband and the other half to her brothers and sisters, and to the
children of any deceased brother or sister by right of representation.  If she
leaves no issue, nor father, nor mother, nor husband, her estate shall descend
to her brothers and sisters, and to the children of any deceased brother or
sister by right of representation.



(d)  Widow or husband.  If the intestate leaves
no issue nor father, mother, brother, or sister, nor descendants of any
deceased brother or sister, the estate shall descend to the intestate's widow,
if any; or in case the intestate is a woman, to her husband, if any.



(e)  Otherwise, next of kin.  If the intestate
leaves none of such relatives surviving, nor widow, nor husband, the estate
shall descend in equal shares to the next of kin in equal degree, but no person
shall be entitled, by right of representation to the shares of the next of kin
who have died; provided that if the estate comes through either parent of the
deceased intestate, the brothers and sisters of that parent and their
respective heirs shall be preferred to those of the other parent. [CC 1859,
§1448; am L 1872, c 1, §1 (repealed by L 1898, c 47, §2); am L 1898, c 47, §1;
RL 1925, §3305; RL 1935, §4813; RL 1945, §12073; am L 1951, c 306, §§1, 2; RL
1955, §318-4; HRS §532-4]



 



Cross References



 



  Public lands, descent under certificate of occupation or
homestead lease, see §171-99.



 



Case Notes



 



  Statute supersedes common law.  22 H. 78, 83.  Conflict of
laws.  22 H. 78; 23 H. 685.  Inheritance governed by law at time of death.  4
H. 536, 537.



  Widow:  4 H. 346; 8 H. 392; 10 H. 687; 15 H. 76, 84 (not
included under "nearest blood relatives").  Effect of inheritance by
widow on dower.  2 H. 715.



  Widower:  3 H. 374; 8 H. 612; 12 H. 178; 23 H. 451, 456,
aff'd 250 F. 612.



  Parents:  4 H. 346; 8 H. 381, 382; 10 H. 543, 545, criticized
201 F. 224.



  Adopted children:  21 H. 304; 24 H. 396; 24 H. 643.  Adopted
child inherits through adoptive mother from her father.  26 H. 439; 42 H. 129. 
See 35 H. 104, aff'd 115 F.2d 956; 42 H. 640, 653.



  Collateral relatives:  Word "children" used in 4th
paragraph includes grandchildren.  20 H. 114; 22 H. 78.  But see 6 H. 410. 
Includes children of half brother or half sister.  6 H. 410. Includes distant
collateral relatives.  6 H. 487; 8 H. 612; 32 H. 140.  Half-blood.  33 H. 299.
Heirs.  34 H. 131.



  Ancestral estates:  25 H. 246, 249.  No preference in
property acquired through proceeds of inheritance.  32 H. 140.  See 9 H. 393. 
Kindred of half blood.  13 H. 716; 15 H. 648; 20 H. 567; 20 H. 653.



  Interpretation of word "children" as used in wills,
deeds, etc. limited to immediate offspring.  23 H. 213; 27 H. 462.  Includes
legally adopted children.  24 H. 396, 399; 42 H. 129.  But see 24 H. 643. 
Class determined at time for distribution.  31 H. 1.  "Children lawfully
begotten" does not include bastard legitimated by statute.  14 H. 271.