HRS 0531-0012 ANNOTATIONS

Probate jurisdiction.

Under prior law, no probate jurisdiction to distribute real property devised by will. 13 H. 245, 247; 24 H. 148, 150; 45 H. 521, 535-536, 371 P.2d 379.

Jurisdiction of probate court to reopen or vacate order of distribution. 45 H. 521, 371 P.2d 379.

Appointment of administrators, priority.

Discretion to disregard order of priority. See 50 H. 232, 437 P.2d 97. Order of priority must be followed in absence of satisfactory cause for disregarding such priority. 25 H. 613, 620. Wishes of majority of children that a stranger be appointed not satisfactory cause for disregarding priority of petitioning son who is qualified. 25 H. 613, 620. Status of next of kin not coming within named classes. See 31 H. 97. One having priority cannot pass on to another his right of appointment. 25 H. 613; 31 H. 97. Discretion in case of disagreement, where no person of preferred class. 31 H. 97, 101.

Proceedings for appointment of administrator involving question of priority, whether admissible when devolution of title in issue. See 30 H. 116.

Executors and administrators.

Executor or administrator without power to act as sole representative of legal title in specific performance suit relating to real property where no contract in writing. 45 H. 1, 13, 361 P.2d 374; 49 H. 409, 410, 420 P.2d 93; see 44 H. 464, 474, 357 P.2d 110. Under prior law administrator, without heirs, may be substituted in pending litigation over title to real estate. 43 H. 241.

To accord finality to decree, notice by publication provided by section is constitutionally insufficient by itself and must be supplemented by notice by mail or personal service. 52 H. 145, 472 P.2d 494.