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MATTER OF TRUST ESTATE OF KANOA

Nos. 4363 AND 4364.

47 Haw. 610 (1964)

393 P.2d 753

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

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

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

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

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

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

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...

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