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MURRAY v. KOBAYASHI

No. 4555.

50 Haw. 104 (1967)

431 P.2d 940

EDWIN P. MURRAY, FRANK E. MIDKIFF, ATHERTON RICHARDS, RICHARD LYMAN, JR., AND HERBERT K. KEPPELER, TRUSTEES ESTATE OF BERNICE PAUAHI BISHOP, v. BERT T. KOBAYASHI, ATTORNEY GENERAL OF THE STATE OF HAWAII.

Supreme Court of Hawaii.

September 21, 1967.

Attorney(s) appearing for the Case

J. Garner Anthony (John H.R. Plews with him on the briefs, Robertson Castle & Anthony of counsel) for plaintiffs-appellants.

Vernon F.L. Char, Special Deputy Attorney General, (Bert T. Kobayashi, Attorney General, and James H.S. Choi, Deputy Attorney General, with him on the briefs) for defendant-appellee.

J. Russell Cades and Donald A. Beck (Smith, Wild, Beebe & Cades of counsel) for The Friends of Kamehameha Schools and Bernice Pauahi Bishop Estate, amicus curiae.

RICHARDSON, C.J., MIZUHA, MARUMOTO, ABE AND LEVINSON, JJ.

OPINION OF THE COURT BY ABE, J.

Plaintiffs-appellants are Trustees of the Estate of Bernice Pauahi Bishop, a perpetual charitable testamentary trust whose benefactor died in 1884. In the administration of the Kamehameha Schools as directed by her will they have restricted the hiring of teachers to persons of the Protestant religion.1

The trustees filed a Bill for Instructions in the Circuit Court of the First Circuit asking the...

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