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HAW'N TRUST CO. v. JOS. G. FARIA, ET AL.

No. 4044.

43 Haw. 391 (1959)

HAWAIIAN TRUST COMPANY, LIMITED, TRUSTEE OF THE TRUST ESTATE OF JOSE GOMES FARIA, DECEASED v. JOSEPH G. FARIA, ET AL.

Supreme Court of Hawaii.

Decided July 23, 1959.

Attorney(s) appearing for the Case

Pratt, Tavares & Cassidy (Daniel H. Case) for Joseph G. Faria et al, defendants-appellants.

Smith, Wild, Beebe & Cades (Charles A. Gregory) for Agnes V. King, defendant.

Stephenson & Ashford (A. James Wriston, Jr.) for guardian ad litem.

Anderson, Wrenn & Jenks (Richard E. Stifel) for plaintiff-appellee, filed no brief and did not argue.

Yasutaka Fukushima for M.G. Augustine, Jr., Executor of the Estate of Maria G. Faria Kilburn, deceased, defendant.

Wilford D. Godbold for Gertrude G. Andrus and Hawaiian Trust Co., Ltd., administrator with the will annexed of Lucy G. Gomes, deceased, defendants.

John E. Parks for Lydia C. DeWolfe, defendant.

Nane A. Aluli for Herbert Faria, Beatrice Faria Ferreira, Viola Faria Henderson and Genevieve Faria Albright Greager, defendants.

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

OPINION OF THE COURT BY RICE, C.J.

Hawaiian Trust Company, Limited, plaintiff-appellee herein, is a Hawaiian corporation and is the duly qualified acting successor trustee of the trust estate created by the will of Jose Gomes Faria, Deceased, having been appointed as such trustee on August 27, 1943, as successor to Lawrence Santos who resigned as such trustee and who had been appointed as such trustee on September 18, 1942...

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