HAWAIIAN TRUST COMPANY v. WILDER

No. 4177.

382 P.2d 61 (1963)

HAWAIIAN TRUST COMPANY, Limited, Executor of the Will of Harriet Emily Wight, Deceased, and Hawaiian Trust Company, Limited, Trustee Under the Will of Harriet Emily Wight, Deceased, v. Ellwood C. WILDER, Jr., et al.

Supreme Court of Hawaii.

April 2, 1963.


Attorney(s) appearing for the Case

Clinton R. Ashford, Honolulu (Stephenson, Ashford & Wriston, Honolulu, on the briefs), for Ellwood C. Wilder, Jr., defendant-appellant.

George M. Koga, Wong, Lo & Koga, Honolulu, for Harry Uemura and Yuriko Uyemura, defendants-appellees.

Eichi Oki, Honolulu (Charles M. Hite, Honolulu, with him on the briefs), for Daughters of Hawaii, defendant-appellee.

James S. Campbell, Honolulu (Smith, Wild, Beebe & Cades, Honolulu, with him on the brief), for Hawaiian Humane Society, defendant-appellee.

Wilder Wight filed briefs for himself but was deceased at time of argument.

Richard E. Stifel, Honolulu (Anderson, Wrenn & Jenks, Honolulu, on the brief), for plaintiffs-appellees and Edna G. Chamberlin, defendant-appellee.

John F. Alexander, Honolulu, guardian ad litem for Alice I. Uyemura, Ann Uemura, Edna Uemura, Ella Uemura, Kathleen Uyemura, Lita Thompson, Ellen Lita Wright, Elizabeth Allan Wight, Laura Mildred Wight and Melinda Lani Wight, defendants-appellees. (Filed no brief and did not appear to argue.)

Allen M. Stack, Pratt & Tavares, Honolulu, for Elizabeth Low Lucas, defendant-appellee. (Filed no brief and did not appear to argue.)

Edward N. Sylva, Honolulu, for Millie F. Rawlins, executrix of the will of Wilder Wight, deceased, defendant-appellant.

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


Opinion by MIZUHA, Justice, in which TSUKIYAMA, Chief Justice, joins.

Harriet Emily Wight died in 1958 leaving a will disposing of her entire estate (see appended note). The property bequeathed and devised in the disputed residuary clauses of her will consists of: personal property, $233,358.07,1 and real property, $443,000.00,2 but the debts, administration expenses and taxes to be paid by the estate are estimated...

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