WALKER v. O'BRIEN

No. 9533.

115 F.2d 956 (1940)

WALKER et al. v. O'BRIEN et al.

Circuit Court of Appeals, Ninth Circuit.

December 3, 1940.


Attorney(s) appearing for the Case

A. G. M. Robertson, of Honolulu, T. H. (Robertson, Castle & Anthony, of Honolulu, T. H., of counsel), for appellants.

Charles M. Hite, of Honolulu, T. H., for appellee Von Holt, trustee.

Ingram M. Stainback, of Honolulu, T. H., and Earl J. Opsahl, of Hollywood, Cal., for appellee Clark.

Before DENMAN and MATHEWS, Circuit Judges, and McCORMICK, District Judge.


MATHEWS, Circuit Judge.

This appeal is from a decree of the Supreme Court of the Territory of Hawaii which, on appeal from a decree of a Territorial circuit judge, determined the rights of Margaret Mamo Clark and Flora Hiram (also known as Flora Margaret Crowell) under a trust deed whereby John A. Cummins, as trustor, conveyed certain property to Joseph O. Carter, as trustee, on October 1, 1896.

The deed provided that, out of the net income of the trust thereby...

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