MATTER OF TRUST ESTATE OF WEILL

No. 4377.

48 Haw. 553 (1965)

406 P.2d 718

IN THE MATTER OF THE TRUST ESTATE CREATED BY GRACE INGERSOLL WEILL.

Supreme Court of Hawaii.

October 15, 1965.


Attorney(s) appearing for the Case

Howard K. Hoddick (Hoddick, Rothwell and Chang of counsel) for Harriet Markham Wedeman as guardian of Markham Arthur McNamarra and Willa Ann McNamarra, minors, respondents-appellants.

Louis B. Blissard, guardian ad litem for David McNamarra King, a minor, respondent, cross-appellant.

H. William Burgess (A. William Barlow of counsel) for Barbara McNamarra King as guardian for George Gordon Keoki Raymond, Grace Eugenie Raymond and Robin Louisa Raymond, minors, respondents-appellees.

C.A. Gregory (Smith, Wild, Beebe & Cades) for Hawaiian Trust Co., Ltd., petitioner-appellee, appeared but neither filed a brief nor argued.

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


OPINION OF THE COURT BY CASSIDY, J.

Grace Ingersoll Weill died on November 3, 1950. By what is denominated "Paragraph FOURTH" of her Last Will and Testament, executed on September 7, 1949, she left her residuary estate in trust. By a codicil dated April 21, 1950, she amended the provisions of the trust governing the distribution of income and corpus as set out below.

"I hereby delete subparagraphs (a) and (b) of Paragraph FOURTH of my Will, and in lieu thereof...

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