WELSH v. CAMPBELL ET ALS.

NO. 2991.

41 Haw. 106 (1955)

RICHARD D. WELSH v. ALICE KAMOKILA CAMPBELL, AND JAMES L. COKE, ALAN S. DAVIS AND FREDERICK OHRT, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF JAMES CAMPBELL, DECEASED.

Supreme Court of Hawaii.

Decided June 23, 1955.


Attorney(s) appearing for the Case

F.D. Padgett (Robertson, Castle & Anthony with him on the briefs), for garnishees-appellants.

R.D. Welsh (B. Kanbara with him on the brief), for plaintiff-appellee.

TOWSE, C.J., STAINBACK AND RICE, JJ.


OPINION OF THE COURT BY STAINBACK, J.

Plaintiff filed an action in assumpsit against the defendant, joining the trustees of the Estate of James Campbell as garnishees. The trustees filed their disclosure and moved for an order discharging them by reason of the spendthrift trust provisions of the will of James Campbell. The defendant filed no answer and an order of default was entered against her. On plaintiff's motion the circuit

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