PETERS v. VANNATTA

NO. 2938.

40 Haw. 287 (1953)

Emil C. Peters and Peter K. McLean, TRUSTEES under the Will and of the Estate of Charles NOTLEY, Deceased v. William Cole Vannatta and His Wife Victoria Maria K. Vannatta Nee Notley; William Charles K. Vannatta and His Wife Harriet L. Vannatta Nee Wond; Albert C. Holt and His Wife Rose Piilani Holt Nee Vannatta; Henry James Hollinger and His Wife Alice Emma N. Hollinger Nee Vannatta; David Akana Espinda, Jr., and His Wife Victoria Maria K. Espinda Nee Vannatta; John K. McKeague and His Wife Patricia Ann K. McKeague Nee Vannatta; Vernal K. Pratt and His Wife Dolly Lou Pratt Nee Espinda, a Minor; William K. Notley, a Minor, by Hawaiian Trust Company, Limited, an Hawaiian Corporation, the Guardian of His Estate; William Charles Vannatta, Jr., a Minor; Harriet Haunani Vannatta, a Minor; George Ivan Vannatta, a Minor; Lavina Kaui Vannatta, a Minor; Rosewyle Nailima Lishman, a Minor; Valmer A.N. Hollinger, a Minor; Victoria Maria K. Hollinger, a Minor; Henry James Hollinger, Jr., a Minor; Michael T. Hollinger, a Minor; David Augustus Espinda III, a Minor; Vernal K. Pratt, Jr., a Minor; Mona N. McKeague, a Minor; Paulette N. McKeague, a Minor; Francis F. Riess and His Wife, Lilly Riess Nee Notley; Julius A. Sofranik and His Wife Dorothy K.M. Sofranik Nee Heen; John K. Heen and His Wife Elizabeth Heen Nee Steward; Hannah M.C. Heen, a Minor; Harriet K. Mokuau Notley; John K. Notley, Jr. and His Wife Delilia Notley Nee Pereira; Harriet K. Notley; Robert C.K. Notley, and His Wife Yvonn Notley Nee Cathcart; Oswald Lau and His Wife Jasmine N. Lau Nee Notley; Llewellyn G. Notley; Gwendolyn L. Notley; William Vickery and His Wife Melissa H. Vickery Nee Notley; Helen N.V. Joseph Nee Notley; John M. Kerr and His Wife Nancy Kerr Nee Notley; John K. Notley III, a Minor; Saxon L. Notley, a Minor; Leroy C. Notley, a Minor; Eric C. Notley, a Minor; Vaughn A. Notley, a Minor; Robert C.K. Notley, Jr., a Minor; Stephanie Lois Lau, a Minor; William K. Vickery, a Minor; Eddie D. Vickery, a Minor; William Notley Gunderson; John M. Kerr, Jr., a Minor; Hannah M. Kerr, a Minor; Serafin Mactagone and His Wife Marvelie Mactagone Nee Gunderson; Michelle M. Mactagone, a Minor; Henry T. Hughes and His Wife Angela Marie Hughes Nee Guichebard; Emma V. Hughes; Clarence N. Hughes and His Wife Amelia Hughes Nee Holt; Charles E. Hughes and His Wife Tillie L. Hughes Nee Brandt; William N. Hughes; Henry T. Hughes, Jr., and His Wife Violet K. Hughes Nee Kimekeo; James K. Woolsey and His Wife Henrietta K. Woolsey Nee Hughes; Thelma Lois Hughes, a Minor; Brandt K. Hughes; Charles E. Hughes, Jr.; Thomas H. Hughes, a Minor; Claire K. Hughes, a Minor; Emmlyn V.K. Hughes, a Minor; James K. Woolsey, Jr.; Thomas H. Woolsey, a Minor; Sam Alama and His Wife Helen Kawailani Alama Nee Notley; Nathaniel Ward and His Wife Yvonne K. Ward Nee Alama; William Eric Danford and His Wife Rona F. Danford Nee Katterfelvt; James Sharpe Danford and His Wife Ethel Danford Nee Ewing; Henry Vincent Danford and His Wife May Danford Nee Ramsay; Rona Ann Danford, a Minor; Lorna Sharpe Danford, a Minor; William Eric Danford, Jr., a Minor; Mayvin Danford, a Minor; Henry Granville Danford, a Minor; Barbara Ellen Danford, a Minor; Bishop Trust Company, Limited, an Hawaiian Corporation, Trustee of the McInerny Foundation; C.S. Wo and Sons, a Copartnership; Territorial Building and Loan Association, Limited, an Hawaiian Corporation; the Bishop National Bank of Hawaii at Honolulu, a National Bank; and Hawaiian Trust Company, Limited, an Hawaiian Corporation, As Trustee of the Inter Vivos Trust Created by Helen Kawailani Alama by Trust Instrument of March 16, 1926, As Amended, of Which Helen Kawailani Alama Is One of the Beneficiaries, and As Guardian of the Estate of William K. Notley, a Minor.

Supreme Court of Hawaii.

Decided July 29, 1953.


Attorney(s) appearing for the Case

F.D. Padgett (Robertson, Castle & Anthony with him on the brief) for Helen K. Alama, appellant.

E.C. Peters, for petitioners-appellees, filed no brief but argued.

E.Z. Buck (Lewis, Buck & Saunders on the brief) for appellees Melissa H. Vickery, Helen N.V. Joseph, Nancy Kerr, Harriet K. Notley, Jasmine N. Lau, Gwendolyn L. Notley, Llewellyn K. Notley, Robert C.K. Notley and William K. Notley.

C.E. Cassidy (Pratt, Tavares & Cassidy on the brief) for appellees Emma V., Clarence M., Charles E. and Wm. N. Hughes.

M. Marumoto (also on the brief) for appellees Wm. Eric Danford, Jas. Sharpe Danford and Henry Vincent Danford.

A.M. Felix, guardian ad litem for John, Victoria Maria, Lilly and Wm. Notley, et als., filed a brief, was present, but did not argue.

K.B. Dawson for Victoria Maria K. Vannatta, nee Notley, Lilly Riess, nee Notley, appellees, filed a brief but did not appear.

R.J. O'Brien, for appellees Henry T. Hughes and Angela Marie Hughes, filed a brief but did not appear.

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


OPINION OF THE COURT BY STAINBACK, J.

The petitioners, trustees under the will and of the estate of Charles Notley, deceased, filed a bill for instructions in the court below praying that they be instructed by the court whether the trust created by the will of Charles Notley, deceased, has terminated and, if so, to whom and in what proportion the trust property should be distributed. Pursuant to stipulation, the first question was briefed and argued before the court...

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