§532-13  Procedure if partition undesirable.  When any part of the property left by the intestate consists of real estate, and the same is to be divided among several children, and in the opinion of the probate court it is desirable that the real estate or any particular piece thereof be not divided, then the eldest son, and in succession of age after him the other sons, or if he or they renounce or decline the privilege, then the daughters in like succession may, after the property or piece of property has been duly appraised by a court of probate, elect to pay to the others the amount of their shares in money, in order that the land may not be divided.  The same rule shall apply where a part of the claimants are children, and the rest are issue of deceased children of the intestate. [CC 1859, §1455; am L 1878, c 1; RL 1925, §3314; RL 1935, §4822; RL 1945, §12082; RL 1955, §318-13; HRS §532-13]

Case Notes

  Cited:  3 H. 546, 553 (1874).