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 (1892). See 19 H. 223, 224 (1908); 20 H. 203, 209 (1910).

 

 

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