§532-5  From unmarried minor child.  If
the intestate dies leaving several children, or leaving one child, and the
issue of one or more others, and any surviving child dies under age not having
been married, all the estate that came to the deceased child by inheritance
from the deceased parent, shall descend in equal shares to the other children
of the same parent, and to the issue of any other deceased children, who have
died, by right of representation.



If at the death the child who dies under age,
not having been married, all the other children of his parent are also dead,
and any of them has left issue, the estate that came to the child by
inheritance from his parent, shall descend to all the issue of the other
children of the same parent; and if all the issue are in the same degree of
kindred to the child, they shall share the estate equally; otherwise they shall
take according to the right of representation. [CC 1859, §§1449, 1450; RL 1925,
§3306; RL 1935, §4814; RL 1945, §12074; RL 1955, §318-5; HRS §532-5]



 



Case Notes



 



  This section is exception to general rule stated in §532-4. 
8 H. 381.  See 19 H. 223, 224; 20 H. 203, 209.