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MATTER OF ESTATE OF JAMES CAMPBELL

NO. 2951.

40 Haw. 543 (1954)

In the matter of the ESTATE OF JAMES CAMPBELL, Deceased.

Supreme Court of Hawaii.

Decided June 17, 1954.

Attorney(s) appearing for the Case

J.H. Hughes (also on the briefs) for appellants Alice Kamokila Campbell and Helen Kala Macfarlane.

J.G. Anthony (Robertson, Castle & Anthony on the brief) for trustees Campbell Estate, appellees.

D.C. Lewis (Lewis, Buck & Saunders on the brief) for appellees Kapiolani Campbell Field, Liliuokalani Kawananakoa Lee and Abigail Kekaulike Kawananakoa.

R.E. Stifel (Anderson, Wrenn & Jenks on the brief) for appellees Beatrice A. King et als.

M.D. White, guardian ad litem, filed a brief but was not present at argument.

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

OPINION OF THE COURT BY LE BARON, J.

(Stainback, J., dissenting.)

This is a bill for construction of will and in the alternative for authority to deviate brought by the trustees under the will of James Campbell, deceased. By amended petition the trustees pray that the court of equity construe the will to determine whether they have power with respect to certain lands of the trust to execute valid leases for the definite term of fifty-two years, irrespective...

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