532-8 Kindred of half blood. The kindred of the half blood shall inherit equally with those of the whole blood in the same degree; provided that where the inheritance came to the intestate by descent, devise, or gift, of some one of his ancestors, all those who are not of the blood of the ancestor, shall be excluded from such inheritance. [CC 1859, 1454; RL 1925, 3309; RL 1935, 4817; RL 1945, 12077; RL 1955, 318-8; HRS 532-8]

 

Case Notes

 

Effect of adjudication of pedigree in subsequent action. 3 H. 546, 551 (1874).

Kindred of half blood as heirs. 6 H. 410 (1883); 9 H. 393 (1894). Cousin of half blood as heir. 6 H. 487 (1884). "Each of my nephews and nieces" includes those of the half blood. 33 H. 299 (1935).

Definitions: "Ancestor" means any one from whom estate was immediately inherited by deceased, including son or wife of deceased. 9 H. 393 (1894); 20 H. 567 (1911). Kindred "of the blood" of an ancestor includes kindred of the half blood. 9 H. 393 (1894). "Gift" from ancestor does not include property transferred from wife to husband through intermediary. 20 H. 567 (1911); 20 H. 653 (1911). Whether "gift" includes other than testamentary gift. See 20 H. 567, 574 (1911).

Ancestral estates: Kindred of half blood of ancestor not excluded. 9 H. 393 (1894). Cousins of the blood of the deceased ancestor inherit in preference to half brother not of blood of ancestor. 13 H. 716 (1901); 15 H. 648 (1904).

 

 

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