§532-7  From persons born to parents not married to each other.  If any person born to parents not married to each other dies intestate, without leaving lawful issue, or a spouse, the decedent's estate shall descend to the decedent's mother; but if the decedent leaves a spouse, the spouse shall take one-half, and the decedent's mother the other half, and if the decedent's mother is not living, but the decedent's spouse is, then the spouse shall take one-half, and the remaining half shall go to the decedent's brothers and sisters in equal parts, the children of any deceased brother or sister taking by right of representation.  In default of surviving brothers or sisters, or their issue, such one-half shall go to the brothers and sisters of the decedent's mother in equal shares, the issue of any such brother or sister who is deceased, taking by right of representation.  In default of any relatives as are in this section mentioned, the half, and the whole in the event that the decedent leaves no spouse, shall go to the decedent's next of kin.  No action shall be commenced or prosecuted on behalf of the State to recover or hold any property which but for this section, might have been held to have escheated to the State. [CC 1859, §1453; am L 1874, c 50, §2 (repealed by L 1876, c 9); am L 1909, c 6, §1; RL 1925, §3308; RL 1935, §4816; RL 1945, §12076; RL 1955, §318-7; HRS §532-7; am L 1972, c 108, §2; am L 1997, c 52, §3]

Case Notes

  Cited:  4 H. 221, 225 (1879).