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QUEEN'S HOSPITAL v. HITE, TRUSTEE, ET AL.

No. 2750.

38 Haw. 494 (1950)

THE QUEEN'S HOSPITAL, A HAWAIIAN CORPORATION v. CHARLES M. HITE, TRUSTEE UNDER THE WILL AND OF THE ESTATE OF EMMA KALELEONALANI, DECEASED, THE PROTESTANT EPISCOPAL CHURCH IN THE HAWAIIAN ISLANDS AND WALTER D. ACKERMAN, JR., ATTORNEY GENERAL OF HAWAII.

Supreme Court of Hawai`i.

Decided May 3, 1950.

Attorney(s) appearing for the Case

J.G. Anthony (Robertson, Castle & Anthony on the briefs) for appellant.

H.R. Hewitt (R.D. Welsh with him on the brief) for appellee Charles M. Hite, trustee.

Austin W. Scott, Professor, Harvard Law School, of counsel, also filed a brief on behalf of appellee Charles M. Hite, trustee.

M. Sapienza, Deputy Attorney General, filed a brief in behalf of appellee Walter D. Ackerman, Jr., Attorney General.

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

OPINION OF THE COURT BY LE BARON, J.

The amended petition of The Queen's Hospital, an eleemosynary corporation, by count one seeks complete distribution of corpus of the trust created by paragraph thirteen of the will of Her Late Majesty, Dowager Queen Emma Kaleleonalani, and by count two partial distribution. It alleges inter alia that the St. Andrew's Priory, an eleemosynary institution owned and operated by The Protestant Episcopal Church in the Hawaiian...

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