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VON HOLT v. CARTER

No. 6438.

56 F.2d 61 (1932)

VON HOLT v. CARTER et al.

Circuit Court of Appeals, Ninth Circuit.

February 15, 1932.

Attorney(s) appearing for the Case

Ulrich & Hite, of Honolulu, Hawaii, and Carl W. Carlsmith, of Hilo, Hawaii, for appellant.

Smith, Warren, Stanley & Vitousek, L. J. Warren, W. L. Stanley, and R. A. Vitousek, all of Honolulu, Hawaii, for appellee Trent Trust Co.

H. T. Kay, of Honolulu, Hawaii, for appellee E. J. Knight Bernieri.

A. G. M. Robertson, A. L. Castle, and A. Withington, all of Honolulu, Hawaii, for appellee Carter.

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

SAWTELLE, Circuit Judge.

This is a suit in equity to compel performance of a trust and distribution of a legacy.

Annie T. K. Parker Smart was the owner of valuable property, both real and personal, in the territory of Hawaii. On April 25, 1912, she executed a deed of trust whereby she conveyed to a trustee her entire estate, reserving, however, a monthly income during her lifetime. She died testate on November 17, 1914...

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