HAWAIIAN TRUST CO. v. WILDER

No. 4177.

46 Haw. 436 (1963)

382 P.2d 61

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. AND WILDER WIGHT, AND EDNA G. CHAMBERLIN, HARRY UEMURA, YURIKO UYEMURA, ELIZABETH LOW LUCAS, LITA GUNN HORTON, ROBERT GUNN, LESLIE HURUM, ELLA STEPHENS, SAMUEL G. WIGHT, HARRIET M. UYEMURA, ALICE I. UYEMURA, ELLEN UEMURA, ANN UEMURA, EDNA UEMURA, ELLA UEMURA, KATHLEEN UYEMURA, FLORENCE W. BLAKE, HAWAIIAN HUMANE SOCIETY, A HAWAII ELEEMOSYNARY CORPORATION, DAUGHTERS OF HAWAII, A HAWAII ELEEMOSYNARY CORPORATION, THE HUI MANU, AN UNINCORPORATED ASSOCIATION, CHARLES HORTON, EVELYN UYEMURA, ELLEN LITA WIGHT, MASAO FUKUSHIMA, DIANE WILDER SHERRY, ELIZABETH SHERRY, MILLIE F. RAWLINS, LAURA MILDRED WIGHT, ELIZABETH ALLEN WIGHT, MELINDA LANI WIGHT, LITA THOMPSON AND LAURA LOW LUCAS.

Supreme Court of Hawaii.

April 2, 1963.


Attorney(s) appearing for the Case

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

George M. Koga (also on the briefs) for Harry Uemura and Yuriko Uyemura, defendants-appellees.

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

James S. Campbell (Smith, Wild, Beebe & Cades 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 (Anderson, Wrenn & Jenks on the brief) for plaintiffs-appellees and Edna G. Chamberlin, defendant-appellee.

John F. Alexander, Guardian Ad Litem for Alice I. Uyemura, Ann Uemura, Edna Uemura, Ella Uemura, Kathleen Uyemura, Lita Thompson, Ellen Lita Wight, Elizabeth Allen Wight, Laura Mildred Wight and Melinda Lani Wight, defendants-appellees. (Filed no brief and did not appear to argue.)

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

Edward N. Sylva for Millie F. Rawlins, Executrix of the Will of Wilder Wight, deceased, defendant-appellant.

TSUKIYAMA, C.J., WIRTZ, LEWIS AND MIZUHA, JJ., AND CIRCUIT JUDGE DYER, IN PLACE OF CASSIDY, J., DISQUALIFIED.


OPINION BY MIZUHA, J., IN WHICH TSUKIYAMA, C.J., 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 by the...

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