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IN RE TRUST ESTATE OF KANOA

Nos. 4363, 4364.

393 P.2d 753 (1964)

In the Matter of the TRUST ESTATE of Kaleipua KANOA, Deceased.

Supreme Court of Hawaii.

June 26, 1964.

Attorney(s) appearing for the Case

Paul F. Cronin, Honolulu (Pratt, Moore, Bortz & Vitousek, Honolulu, of counsel), for Charles Lewis Kreuter, et al., respondents-appellants in No. 4363.

William H. Dodd, Jr., and Herbert Y. C. Choy, Honolulu (Fong, Miho, Choy & Robinson, Honolulu, of counsel), for Magoon Estate, Ltd., respondent-appellant in No. 4364.

F. D. Padgett, Honolulu (Robertson, Castle & Anthony, Honolulu), for Bishop Trust Co., Ltd., petitioner-appellee, neither filed a brief nor argued.

Robert G. Dodge, Honolulu (Heen, Kai & Dodge, Honolulu, of counsel), for John D. Kaupiko and Simeon K. Aylett, respondents-appellees.

Eichi Oki, Honolulu (Vincent H. Yano, Honolulu, of counsel), for Manuel Victorino, respondent-appellee.

Harry T. Tanaka, Honolulu (Yamaguchi & Tanaka, Honolulu, of counsel), for Walter Lloyd Kreuter, et al., respondents-appellees.

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

PER CURIAM.

This proceeding was initiated by a bill for instructions filed by Bishop Trust Co., Ltd., successor trustee of the testamentary trust created by Kaleipua Kanoa, who died on September 21, 1897.

By her will, which was written in the Hawaiian language, the testatrix set up a trust of her residuary estate, naming five individuals, Kanehiwa (k), Hoomalu (w), Kaleipualiilii (w), Eva Kapualanilehua (w), and Lukela (k), as initial income takers, with provision...

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