In the Matter of the ESTATE of CHUN QUAN YEE HOP, also known as C.Q. Yee Hop, deceased.
Supreme Court of Hawaii.https://leagle.com/images/logo.png
May 14, 1970.
May 14, 1970.
Attorney(s) appearing for the Case
Asa M. Akinaka, Honolulu (Padgett, Greeley, Marumoto & Akinaka, Honolulu, of counsel), for Trustees, petitioners.
Donald Low, Honolulu, Temporary Administrator of Estate of Yee Sing Chun, Deceased (Nakamura & Low, Honolulu, of counsel), pro se.
Arthur B. Reinwald, Honolulu (Anthony & Daddoups, Honolulu, of counsel), for Hung Lum Chun et al., respondents.
Henry H. Shigekane, Honolulu (Damon, Shigekane & Char, Honolulu, of counsel), for Lee Chun Shee et al., respondents.
Wilfred Youth and Richard C. Lo, Honolulu (Lo, Youth & Ikazaki, Honolulu, of counsel), for Alsona Wong and Robert J. Chun, respondents.
Ted. T. Tsukiyama, Honolulu, Guardian ad Litem for Minor and unborn issue of sons of C.Q. Yee Hop, deceased.
John Jubinsky, Honolulu (Ashford & Wriston, Honolulu, of counsel), Guardian ad Litem for Minor and Unborn Issue of daughters of C.Q. Yee Hop, deceased.
Edward Y.C. Chun, Honolulu (Fong, Miho, Choy & Robinson, Honolulu, of counsel), for Kwai Dick Chun, respondent.
Joseph G.K. Wee, Honolulu (Alfred M.K. Wong, Honolulu, on the brief, Okumura & Takushi, Honolulu, of counsel), for Joseph G.K. Wee et al., respondents.
Before RICHARDSON, C.J., ABE, LEVINSON, and KOBAYASHI, JJ., and Circuit Judge KABUTAN in place of MARUMOTO, J., disqualified.
Supreme Court of Hawaii.
LEVINSON, Justice.
This case presents the question whether the orthodox common law Rule Against Perpetuities will be strictly applied to nullify a testamentary trust which violates the Rule or whether some part of the trust or all of it will be allowed to take effect. We choose to resolve this issue by applying the doctrine of equitable approximation (also known as the cy pres doctrine) so that the trust will not violate the Rule or its underlying policies...
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