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NOTLEY v. McMILLAN

No. 4929.

16 F.2d 273 (1926)

NOTLEY et al. v. McMILLAN.

Circuit Court of Appeals, Ninth Circuit.

December 13, 1926.

Attorney(s) appearing for the Case

Huber & Kemp, S. C. Huber, S. B. Kemp, and F. Schnack, all of Honolulu, Hawaii, for appellants.

Prosser, Anderson & Marx, Mason F. Prosser, and Robbins B. Anderson, all of Honolulu, Hawaii (S. Hasket Derby, of San Francisco, Cal., of counsel), for appellee.

Before RUDKIN, Circuit Judge, and SAWTELLE and JAMES, District Judges.

RUDKIN, Circuit Judge.

This is an appeal from a final decree of the Supreme Court of the Territory of Hawaii, affirming a decree of the circuit court for the first judicial circuit, declaring the appellee the sole surviving legal issue of David Fyfe Notley, deceased.

The appellee was born at Honolulu, February 22, 1894. For more than a year prior to her birth, her father, David Fyfe Notley, and her mother, Kamalu Kawelo, lived together in a state of adultery...

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