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ENOS v. BERGER

No. 4214.

373 P.2d 710 (1962)

Frank ENOS and Rosalie Enos Gray v. William BERGER, Loretta May Simmonds, Rosalie Henrietta Gray, Augustine Frank Enos, and Wells Fargo Bank, a California Corporation.

Supreme Court of Hawaii.

June 29, 1962.

Attorney(s) appearing for the Case

R. G. Dodge, Heen, Kai & Dodge, Honolulu, for appellants.

Morris P. Skinner, Skinner, Bennett & Ornelles, Honolulu, for respondents.

Before TSUKIYAMA, C. J., CASSIDY, LEWIS and MIZUHA, JJ., and Circuit Judge HAWKINS in place of WIRTZ, J., disqualified.

MIZUHA, Justice.

Plaintiffs-appellants, Frank Enos and Rosalie Enos Gray,1 are residents of California and claim to be the owners, in fee simple, of certain real property situated in the County of Maui, State of Hawaii. On May 7, 1950, plaintiffs, as settlors, signed an instrument entitled "Trust Agreement," purporting to convey the real property in question to three trustees. It is alleged that thereafter, on December 21, 1951, without...

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