Wodehouse

This is an appeal taken from the decision of the Supreme Court of the territory of Hawaii rendered, upon an agreed ease submitted to that court in pursuance of sections 2371 , to 2374, inclusive, of Revised Laws of Hawaii 1925. The parties to the agreement are the Kapiolani Maternity and Gynecological Hospital and Ernest H. Wodehouse and James L. P. Robinson, executors of the will of Mary E. Foster, deceased. The facts agreed upon by the parties may be briefly summarized as follows:

The Kapiolani Maternity and Gynecological Hospital, which will be hereinafter referred to as the “Maternity Hospital” or as “the appellant,” is a corporation established under the laws of Hawaii for the purpose of benevolence and charity and for the special object of providing a maternity home where Hawaiian women could receive proper care and treatment during the period of childbirth. This corporation has no capital stock and no provisions for dividends or profits, its funds being mainly derived from public and private charity, and all property received by it from- any source it holds and will hold in trust to be devoted to the object of sustaining a maternity hospital, improving its accommodations,…