Fernandez

This ease is on appeal from the Supreme Court of Hawaii. The ease was twice tried in the circuit court of the territory upon the same agreed statement of facts, and twice appealed. Upon the first appeal, judgment for plaintiff, Lillian H. "Auld, was reversed, and the cause remanded for a new trial. Upon the second trial, judgment was for defendants, and plaintiff appealed.

One question of law only is involved in the case: The construction to be placed upon the will of Peter Porter Kauhema who died May 22, 1871. The will was written in Ha^ waiian, and was executed May 20, 1871. A translation of material portions of the will reads: “I hereby bequeath and give all of my properties * * * to my niece Uwini ( w) by name * * * to her and to her children born of her body; but if she should die Without giving birth to a child or children then the land mentioned above shall descend to Uwini Auld, wife of James Auld of Honolulu, and to her own children and to their heirs and assigns.”

The testator’s niece, Uwini, was but four years old at the time of his death. She died November 26,1915, without ever having given birth to a child. At the time of the testator’s death in 1871, the said Uwini…