We stated then that the Government could not acquire the fee in the highway "by a mere legislative enactment" such as the Act of 1892 and that there had to be evidence of actual abandonment before the fee to the highway vested in the Government. The report of In re Hawaiian Trust Co. in 17 Haw. 523 contains a typographical error at 524. The year "1893" in line three of the opinion should read "1853" instead.
The trial judge correctly concluded that the word "issue" is an ambiguous term which conclusion finds support in the cases. Union Safe Deposit Trust Co v Dudley, 104 Me. 297; 72 A 166 (1908), Freund v Schilling, 222 Mo App 901; 6 S.W.2d 673 (1928), In re Tenney, 104 App. Div. 290; 93 N.Y.S 811 (1905), Ralph v Carrick, 11 Ch D 873 (1879), In re Hawaiian Trust Co, 29 Haw. 278 (1926), Arnold v Alden, 173 Ill. 229; 50 N.E. 704 (1898). The trial judge looked to all the provisions of the will and interpreted them in the light of the applicable cases to decide that the testator intended the word "issue" as used in paragraph 27 of the will to be synonymous with the word "children".