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COOKE TR. CO. v. HAW'N TR. CO., ETC. ET AL.

No. 2671.

38 Haw. 96 (1948)

COOKE TRUST COMPANY, LIMITED, EXECUTOR OF THE WILL OF WILLIAM STEWART L. MARKHAM, DECEASED, PETITIONER-APPELLEE, v. HAWAIIAN TRUST COMPANY, LIMITED, TRUSTEE FOR THE HEIRS OF ANNA DREIER MARKHAM UNDER THAT CERTAIN DEED OF TRUST DATED NOVEMBER 5, 1907, EXECUTED BY AUGUST DREIER AS GRANTOR TO CECIL BROWN AS TRUSTEE, BEATRICE K. MARKHAM CURRY, AND JENNIE S. GILLILAND, ET AL., RESPONDENTS-APPELLEES, AND CARL ALEXANDER MARKHAM, RESPONDENT-APPELLANT.

Supreme Court of Hawai`i.

Decided April 6, 1948.

Attorney(s) appearing for the Case

Smith, Wild, Beebe & Cades and H. Edmondson on the briefs for appellant.

M.B. Henshaw for petitioner, but filed no brief.

C.B. Dwight on the briefs for Jennie S. Gilliland, appellee.

Robertson, Castle & Anthony and R.B. Forbes for the trustee, but filed no brief.

Heen & Kai and W. Wight for Frederick J. Markham, administrator of estate of Paul A. Markham, deceased, appellee, but filed no brief.

KEMP, C.J., PETERS AND LE BARON, JJ.

OPINION OF THE COURT BY KEMP, C.J.

This is an appeal from the final decree entered in a bill for an accounting filed by William Stewart L. Markham against the Hawaiian Trust Company, Limited, trustee for the heirs of Anna Dreier Markham under a deed of trust dated November 5, 1907, executed by August Dreier as grantor to Cecil Brown as trustee. The full text of the deed follows:

"THIS INDENTURE made the 5th day of November...

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