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HAW'N TR. CO. LTD. v. GONSER

NO. 2893.

40 Haw. 245 (1953)

Hawaiian Trust Company, Limited, and Herbert M. Dowsett, Trustees under the Will and of the Estate of John H. Coney, Deceased, and Schuman Carriage Company, Limited, v. Norma Levey Gonser, Leonie A. Keltner, Mary E. Coney, William A. Coney, George M. Coney, Katherine K.C. Hutton, Clarissa P.C. Gerdes, Elizabeth K.C. Renjes, Ellen Graham Feather, Howard Henry Graham, Frances G. Downing, Joan Lorimer Graham Hancock, Mary Douglas Graham Martin, Jay Gould III and Anne Gould Wogoman Valentine, and Harvey A. Hutton and Malcolm G. Hutton.

Supreme Court of Hawaii.

Decided June 19, 1953.

Attorney(s) appearing for the Case

W.C. Ingman (D.N. Ingman with him on the briefs) for respondents-appellants.

H.B. Kidwell (Anderson, Wrenn & Jenks with him on the brief) for petitioners-appellees.

J.R. Cades (Smith, Wild, Beebe & Cades on the briefs) for intervenor-appellee, Schuman Carriage Company, Limited.

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

OPINION OF THE COURT BY STAINBACK, J.

On June 21, 1951, the trustees of the estate of John H. Coney, deceased, filed a bill for instructions in the circuit court of the first judicial circuit of the Territory of Hawaii requesting that the court determine that they, the trustees, had power to sell and convey certain real property held in the trust estate and that they be authorized to sell and convey the same to the Schuman...

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