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WHITTEMORE ET ALS. v. FARRINGTON ET ALS.

NO. 3032.

41 Haw. 52 (1955)

FRANCES FARRINGTON WHITTEMORE, RUTH FARRINGTON LEAVEY, EDMOND H. LEAVEY, JR., CATHARINE FARRINGTON HITE, JOAN WHITTEMORE CLOSE, CATHARINE ANDERSON LEAVEY, ALICE FARRINGTON LEAVEY, CHARLES HARRISON HITE, PATRICIA FARRINGTON HITE AND WALLACE RIDER FARRINGTON CLOSE v. ELIZABETH P. FARRINGTON, JOHN FARRINGTON, BEVERLY FARRINGTON RICHARDSON AND CALVIN C. McGREGOR, JUDGE OF THE CIRCUIT COURT, FIRST JUDICIAL CIRCUIT, TERRITORY OF HAWAII.

Supreme Court of Hawaii.

Decided May 19, 1955.

Attorney(s) appearing for the Case

E.C. Moore (Blaisdell & Moore) and J.R. Cades (Smith, Wild, Beebe & Cades) for petitioners.

W.F. Quinn (Robertson, Castle & Anthony) for respondents.

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

OPINION OF THE COURT BY RICE, J.

The above named are adverse parties to a pending proceeding in the circuit court, first circuit, Territory of Hawaii, under civil number 139, before the Honorable Calvin C. McGregor, Judge of the Seventh Division.

The petitioners, the defendants-cross plaintiffs in the said matter pending in said circuit court before said judge, which is entitled "In the Matter of the Trust Estate of...

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