20 Haw. 330 | Haw. | 1910
OPINION OF THE' COURT BY
This is a bill by the trustees under the will of Bernice Pauahi Bishop, deceased, for a construction of the will. The respondent appeals from the decree of a circuit judge. After giving to certain individuals life estates in various parcels of land and making other specific bequests, the testatrix, in paragraph-thirteen, makes the following provisions: “I give, devise and bequeath all of the rest, residue and remainder of my estates real and personal, wherever situated unto- the trustees below named, their heirs and -assigns forever, to hold upon the following trusts, namely: to erect and maintain in the Hawaiian Islands two schools, each for boarding and day scholars, one for boys and one for girls,- to be known as, and called the Kamehameha Schools. I direct my trustees to expend such amount - as they may deem best, not to exceed however one-half of the fund which may come into their hands, in the purchase of suitable premises, the erection of school buildings and
The first sentence of paragraph thirteen, standing by itself, is free from ambiguity. The whole of the residue is given to trustees and the trust is clearly expressed to be the establish
The construction contended for by the respondent that the support and education contemplated was to be furnished elsewhere than at the schools and that support can be furnished independently of education would require undue straining of the language used. Ordinarily' it would be expected that such a broad additional method of dispensing charity, so radically different from that provided for in the remainder of the paragraph, would be treated of in a separate provision with at least a few specific directions and limitations as to the duties of the trustees in that regard. Such a subject -would scarcely be attempted to be covered by an insignificant sentence or part of a sentence in the middle of a lengthy paragraph, all other provisions of which are descriptive of the powers and duties of the trustees relating to the schools. In tire paragraph under consideration power is given to the trustees to make rules and regulations for the government of the schools and to alter the same, and. it is directed that they report annually to a judicial tribunal concerning the condition of the schools and that the teachers shall forever be persons of a stated religion. No similar directions or limitations are made concerning the other important charity claimed by the respondent to be provided for.
The grant of power to the trustees in paragraph four of the second codicil “to determine if tuition -shall be charged in any case” is not, in our opinion, inconsistent with the provisions
In our opinion the clause under consideration refers to support and education at the Kamehameha Schools only and not to support independently of education. The decree appealed from is affirmed.