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TEIXEIRA v. TEIXEIRA

NO. 2890.

40 Haw. 631 (1955)

Paul TEIXEIRA, Ethel Teixeira, Louisa Teixeira Oliveira, Belinda Teixeira Perreira, Florence Teixeira Guerrero and Joe Teixeira, Josephine Teixeira, August Teixeira, Violet Teixeira, Gladys Teixeira, John Teixeira, Gilbert Teixeira and Patrick Teixeira, Minors, by Paul Teixeira, Their Uncle and Next Friend v. Antone Teixeira and Annie Teixeira.

Supreme Court of Hawaii.

Decided January 11, 1955.

Attorney(s) appearing for the Case

J.V. Esposito (Esposito & Esposito with him on the briefs) for respondents-appellants.

C.N. Tavares (also on the brief) for petitioners — appellees.

TOWSE, C.J., STAINBACK, J., AND CIRCUIT JUDGE McKINLEY IN PLACE OF LE BARON, J., DISQUALIFIED AND ABSENT.

OPINION OF THE COURT BY STAINBACK, J.

This is a bill in equity to cancel a deed upon the grounds of fraud and undue influence or in the alternative to declare the grantee therein a constructive trustee of the premises conveyed for the benefit of the heirs at law of the grantor, that is, the grantor's two sons, including the grantee, the grantor's daughter, and the children of a deceased son of the grantor. It also asks for...

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