PETERS & McLEAN, ETC. v. VANNATTA ET ALS.

NOS. 2993, 2994.

41 Haw. 249 (1955)

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, HARRIET K. MOKUAU NOTLEY. EMIL C. PETERS AND PETER K. McLEAN, TRUSTEES UNDER THE WILL AND OF THE ESTATE OF CHARLES NOTLEY, DECEASED v. NANCY KERR.

Supreme Court of Hawaii.

Decided November 15, 1955.


Attorney(s) appearing for the Case

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

Edward Z. Buck (Lewis, Buck & Saunders on the brief) for appellant Nancy Kerr, cross appellant.

Emil C. Peters, for petitioners-appellees, was present but neither filed a brief nor argued.

Masaji Marumoto (also on the brief) for William Eric, Henry Vincent and Ethel Danford, appellees.

Ray J. O'Brien (also on the brief) for Henry T. Hughes and Angela Maria Hughes, appellees.

Charles E. Cassidy (Pratt, Tavares & Cassidy and Daniel H. Case on the brief) for Emma V., Clarence M., Charles E. and William N. Hughes, appellees.

Kenneth S. Lau (William S. Richardson and Yoshiaki Nakamoto with him on the brief) for Mrs. Victoria Maria K. Vannatta, appellee.

Thayer & Dawson for Lily Riess, appellee, filed brief but did not appear.

STAINBACK AND RICE, JJ., AND CIRCUIT JUDGE McKINLEY IN PLACE OF TOWSE, C.J., ABSENT.


OPINION OF THE COURT BY STAINBACK, J.

This case was initiated by the trustees under the will and of the estate of Charles Notley who filed a bill for instructions asking six questions which raised two issues of law: (1) Has the trust estate created by the will of Charles Notley terminated? and (2) If the trust is terminated, to whom and in what shares should distribution be made?

The facts in this case are as set forth in the opinion of this court in Trustees...

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