HRS §533-5
Widow's share of extra money from a mortgage sale
Read the official text at capitol.hawaii.gov ↗If a widow's husband mortgaged land and the mortgagee sells it after the husband dies, any leftover money after paying the mortgage and sale costs is called surplus. The widow gets the interest or income from one-third of that surplus for the rest of her life, as her dower.
The statute, as written — In surplus after purchase-money mortgage paid
A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
Where in such case the mortgagee, or those claiming under him, after the death of her husband, causes the land mortgaged to be sold, and any surplus remains, after the payment of the moneys due on the mortgage, and the costs and charges of the sale, the widow shall be entitled to the interest or income of the one-third part of the surplus, for her life, as her dower. [CC 1859, §1303; RL 1925, §3021; RL 1935, §4834; RL 1945, §12104; RL 1955, §319-5; HRS §533-5]
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