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MARKS v. MARKS

No. 4857.

465 P.2d 996 (1970)

Alfred Lester MARKS, Jr., Cynthia Marks Salley and Elizabeth Marks Stack, Plaintiffs-Appellees, v. A. Lester MARKS, Elizabeth Loy Marks and Herbert Richards, Trustees under the Will of Lincoln Loy McCandless, Deceased, Defendants-Appellants.

Supreme Court of Hawaii.

February 16, 1970.

Attorney(s) appearing for the Case

J. Garner Anthony, Honolulu (Anthony & Waddoups, Honolulu, of counsel), for defendants-appellants.

Martin Anderson and Conrad M. Weiser, Honolulu (Jenks, Kidwell, Goodsill & Anderson, Honolulu, of counsel), for plaintiffs-appellees.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

KOBAYASHI, Justice.

I. Facts

Three of the four beneficiaries of a trust created by the will of Lincoln Loy McCandless (hereafter "settlor" or "testator") sued to recover allegedly excessive commissions taken by the three trustees. Plaintiffs contend commissions were limited by the will. Trustees contend the commissions taken were authorized by statute.

The will was duly admitted to probate by the First Circuit Court in P.No. 11582. It created a trust...

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