STEINER v. HAWAIIAN TRUST CO., LTD.

Nos. 4274, 4275, 4276.

47 Haw. 548 (1964)

393 P.2d 96

ERNEST STEINER, TRUSTEE OF THE INTER VIVOS TRUST CREATED BY INDENTURE OF TRUST OF WHICH MARY MAPUANA PETERS AND EMIL CORNELIUS PETERS, HUSBAND AND WIFE, WERE THE SETTLORS AND THE HAWAIIAN TRUST COMPANY, LIMITED, A HAWAII CORPORATION, WAS THE TRUSTEE AND EMIL CORNELIUS PETERS, JR., IS THE PRINCIPAL BENEFICIARY, DATED SEPTEMBER 8, 1931, AS AMENDED BY INDENTURE OF DECEMBER 31, 1943 v. HAWAIIAN TRUST COMPANY, LIMITED, A HAWAII CORPORATION.

Supreme Court of Hawaii.

May 28, 1964.


Attorney(s) appearing for the Case

J. Garner Anthony (Arthur B. Reinwald and Robertson, Castle & Anthony with him on the opening brief; Robertson, Castle & Anthony with him on the reply) and Anderson, Wrenn & Jenks for defendant-appellant.

John L. Smart (J. Harold Hughes and Joseph V. Hodgson with him on the brief) for plaintiff-appellee.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ.


OPINION OF THE COURT BY WIRTZ, J.

These are actions for breaches of trust brought by plaintiff-appellee as successor trustee against defendant-appellant, the former trustee, involving three separate but identical trusts. The cases were consolidated at the trial and have been considered together on appeal.

After trial, judgments were entered surcharging defendant for breach of trust. From these judgments defendant has brought this appeal.

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