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COOKE TR. CO., TRUSTEE v. LORD, ET ALS.

NO. 2958.

41 Haw. 198 (1955)

COOKE TRUST COMPANY, LIMITED, AN HAWAIIAN CORPORATION, TRUSTEE UNDER THAT CERTAIN DEED OF TRUST DATED NOVEMBER 12, 1941, IN WHICH GEORGE MARION LORD IS NAMED AS TRUSTOR v. GEORGE MARION LORD, ROSEMARY MARION LORD, JACK W. WILLIAMS, DBA OAHU COLLECTION AGENCY, FRANK NICHOLS, LIMITED, AN HAWAIIAN CORPORATION, M.R.A. LTD., DBA TERRITORIAL COLLECTORS, JOHN DOE FIRST TO JOHN DOE FIFTIETH INCLUSIVE, JANE DOE FIRST TO JANE DOE FIFTIETH INCLUSIVE, RICHARD ROE FIRST TO RICHARD ROE FIFTEENTH INCLUSIVE, AND MARY ROE FIRST TO MARY ROE FIFTEENTH INCLUSIVE, AND RUTH JAMES LORD.

Supreme Court of Hawaii.

ReArgued April 5, 1955.

Decided August 31, 1955.

Attorney(s) appearing for the Case

D.N. Ingman (Ingman & Ingman on the briefs) for Ruth J. Lord, respondent-appellant.

T.W. Flynn, Jr. (also on the brief) for George M. Lord, respondent-appellee.

H.W. Conroy (Henshaw, Conroy & Hamilton on the brief) for Cooke Trust Company, Limited, Trustee under that certain deed of trust dated November 12, 1941, in which George Marion Lord is named as Trustor, petitioner-appellee.

S. Landau (Landau & Fairbanks and Lee & Fukushima and G. Nakamura on the brief) for Jack W. Williams, dba Oahu Collection Agency, respondent-appellee.

G. Nakamura for Frank Nichols, Ltd., and M.R.A., Ltd., dba Territorial Collectors, respondents-appellees.

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

OPINION OF THE COURT BY STAINBACK, J.

This is an appeal from the decree of the circuit court of the first judicial circuit of the Territory of Hawaii.

A bill for instructions was filed by the Cooke Trust Company, Limited, trustee under a deed of trust dated November 12, 1941, executed by George Marion Lord as trustor with the Cooke Trust Company, Limited, as trustee.

The deed of trust recited that the trustor "in order to make adequate and safe provisions...

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