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DOWSETT v. HAWAIIAN TRUST COMPANY

No. 4306.

393 P.2d 89 (1964)

Laura Nott DOWSETT, Life Beneficiary, and Sherman N. Dowsett, Remainderman, v. HAWAIIAN TRUST COMPANY, Limited, as Trustee of the Trust Estate of Herbert M. Dowsett, Created December 31, 1935.

Supreme Court of Hawaii.

May 28, 1964.

Attorney(s) appearing for the Case

Robert G. Dodge, Honolulu (Heen, Kai & Dodge, Honolulu, and Dudley Harkleroad, San Francisco, Cal. with him on the brief), for plaintiffs-appellants.

J. Garner Anthony, Honolulu (Robertson, Castle & Anthony and Anderson, Wrenn & Jenks, Honolulu, with him on the brief), for defendant-appellee.

Before TSUKIYAMA, C. J., and CASSIDY, WIRTZ, LEWIS and MIZUHA, JJ.

WIRTZ, Justice.

This is an appeal from the judgment of the circuit court, first circuit, entered on January 22, 1962, denying plaintiffs' claim of surcharge against defendant trustee for having sold, between 1948 and 1955, 2,771 shares of Honolulu Oil and 503 shares of American Factors, Limited, allegedly contrary to the terms of the inter vivos trust created by Herbert M. Dowsett on December 31, 1935.

The provisions of the trust instrument assertedly violated...

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