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MIDKIFF v. KOBAYASHI

No. 5046.

507 P.2d 724 (1973)

Frank E. MIDKIFF et al., Plaintiffs-Appellants, Cross-Appellees, v. Bert T. KOBAYASHI, Attorney General of the State of Hawaii, Defendant-Appellee, Cross-Appellant.

Supreme Court of Hawaii.

As Amended March 27, 1973.

As Amended April 5, 1973.

Attorney(s) appearing for the Case

Norman K. Chung (Frank D. Gibson, Jr., and Ken Harimoto, Honolulu, with him on the briefs, Conroy, Hamilton, Gibson, Nickelsen & Rush, Honolulu, of counsel), for plaintiffs-appellants, cross-appellees, majority trustees.

Arthur S.K. Fong, Sp. Deputy Atty. Gen., State of Hawaii (Shirley Smith, Deputy Atty. Gen., Honolulu, with him on the briefs), for defendant-appellee, cross-appellant, State of Hawaii.

Clinton R. Ashford, Honolulu (Ashford & Wriston, Honolulu, of counsel), for trustee-appellee Atherton Richards.

Before RICHARDSON, C.J., MARUMOTO, ABE and LEVINSON, JJ., and LUM, Circuit Judge, in place of KOBAYASHI, J., disqualified.

MARUMOTO, Justice.

We have two appeals here. One appeal is by Frank E. Midkiff, Richard Lyman, Jr., Herbert K. Keppeler, and Hung Wo Ching, four of the five trustees of the Estate of Bernice P. Bishop, Deceased. The other appeal is by the attorney general. The attorney general is parens patriae of all charitable trusts. Bishop Estate is a charitable trust.

The appeals are from an order entered by the first...

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