IN THE MATTER OF THE ESTATE OF EMANUEL S. CUNHA, DECEASED.
Supreme Court of Hawaii.https://leagle.com/images/logo.png
May 31, 1966.
May 31, 1966.
Attorney(s) appearing for the Case
J. Garner Anthony (John H.R. Plews with him on the brief, Robertson, Castle & Anthony of counsel) for appellant Cecily Cunha.
Earl S. Robinson (Thomas W. LeSage of Pasadena, California and Culver Van Buren of Burbank, California with him on the brief, Fong, Miho, Choy & Robinson of counsel) for Harve David Murray and Carma Rae Murray Orr, appellees.
Thomas W. Flynn, guardian ad litem for Donna Patricia Murray, appellee, pro se.
R.G. Dodge, attorney for May Cunha Ross, Richard Earl Cunha, and Ernest Alexander Ross, guardian of Peter Alexander Ross, Bernice May Ross, Richard Dale Cunha, John Michael Cunha, Kathryn Ann Cunha and Anthony Lynn Cunha, appearing individually and as a class representing all other persons, including unborn persons, who may hereafter claim to be entitled to income, joined in the arguments set forth in appellant Cecily Cunha's brief.
C.A. Gregory (Smith, Wild, Beebe & Cades of counsel), for the trustee, appellee, appeared but did not argue.
CASSIDY, WIRTZ, LEWIS AND MIZUHA, JJ., AND CIRCUIT JUDGE KING ASSIGNED BY REASON OF VACANCY.
Supreme Court of Hawaii.
OPINION OF THE COURT BY LEWIS, J.
Testator, Emanuel S. Cunha, died January 10, 1918, leaving a will which created a trust providing for the distribution of income until the death of the last survivor of testator's wife, children and grandchildren living at the time of his death,1 which is the end of the trust period. Harvey Douglas Murray, a grandson, became an income taker upon the death of his mother, Rose, and from and after the death...
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