HRS 0531-0001 ANNOTATIONS

Probate jurisdiction is distinct from equity jurisdiction. 26 H. 337, 340. Probate court not same as circuit court. See 7 H. 640; 43 H. 304; 44 H. 613, 359 P.2d 932; 50 H. 253, 438 P.2d 401.

Probate court has no jurisdiction over trusts as distinguished from estates. 15 H. 372, 377; 18 H. 290, 297; 18 H. 542, 547; 19 H. 78, 82; 23 H. 32; 23 H. 720, 723; 32 H. 167, 172. Probate jurisdiction continues until final settlement as executor, though executor also named as trustee. 31 H. 163.

Section 603-22 confers jurisdiction in probate matters upon circuit judges at chambers; this jurisdiction includes incidental powers not expressly set forth by statute. 26 H. 337, 340.

Incidental powers include appointment of auditors and special masters, whose compensation will be taxable as costs. 33 H. 220. Also, allowance of attorneys' fees for services beneficial to estate. 26 H. 337, 341; and see 24 H. 573, 577; 26 H. 243, 277. Revocation of probate and incidental power. 9 H. 1, 3.

Probate court's adjudication of necessary intermediate and incidental issues, is res judicata. 3 H. 546; 4 H. 295, 296; 5 H. 377, 380; 19 H. 667, 671; and see 10 H. 421, 427. But not as to issues unnecessary or unresponsive to the probate proceedings. 3 H. 356; 8 H. 508; 20 H. 653, 656. Nor as to one not a party nor in privity with a party to the probate proceedings. 10 H. 421; 13 H. 245.

Order admitting will to probate or denying motion to vacate order of probate, whether conclusive as to decedent's domicile. 50 H. 162, 434 P.2d 309.

Scope of probate court's jurisdiction to construe terms of will discussed. 52 H. 145, 472 P.2d 494.

Will not presented for probate within the statutory time has no effect to pass title to person named as devisee. 10 H. 573, 574; see 37 H. 64, 65.

Limitation inapplicable to ancillary probate. 10 H. 80. Inapplicable to testator deceased before its passage. 2 H. 762; 5 H. 296.

Executor may present will for probate during minority of devisee but failure to do so should not operate unfavorably to minor. 5 H. 10.

Estate of California domiciliary who died in Hawaii leaving a will here of property located in Hawaii is properly probated in Hawaii directly and not as ancillary probate, though will holographic. 34 H. 559.

Judgment recovered in California constitutes assets in Hawaii when judgment debtor moves here, and administrator with will annexed may be appointed to sue on the judgment in Hawaii. 10 H. 531.

Executor named in will has duty of applying for probate and is entitled to charge reasonable expenses against the estate. 16 H. 575, 576.

Citation of next of kin not mandatory in order that will may be probated and letters testamentary issued, subject to revocation of probate for cause shown. 7 H. 264.

Lost will, how provable. 5 H. 10; 6 H. 172 (single justice).

Order admitting will to probate or denying motion to vacate order of probate, whether conclusive as to decedent's domicile. 50 H. 162, 434 P.2d 309.

Appointment of different executors, each having distinct duties with respect to the property of the estate, is not permissible and administrator with will annexed will be appointed. 23 H. 11.

Administrator with will annexed stands in same position as executor would have stood. 9 H. 453, 463.

Power to revoke exists. 9 H. 1, 3.

One seeking to set aside probate must show why petitioner did not contest at the original hearing, as well as showing why will should not be sustained. 25 H. 70, 75. See 8 H. 93, 99-100; 37 H. 354.

There is no period of limitations barring petition for revocation of probate, but principles applicable to equitable actions for setting aside judgments apply. 25 H. 70, 75. Diligence required. 36 H. 533. Minor not chargeable with laches. 29 H. 297, 300.

Grounds, evidence, deemed insufficient. See 3 H. 141; 6 H. 1 (single justice); 17 H. 308, 311.

Application to set aside order of probate because of noncompliance with rules of court should be made within ten days. 49 H. 304, 308-9, 415 P.2d 319.

No jurisdiction to set aside for fraud in the execution of the will. 13 H. 216. Or other grounds of fraud intrinsic to matters tried and issues determined in the probate proceedings. 37 H. 171. See 1 H. 280 (503) (single justice).