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ADAIR v. HUSTACE

No. 5403.

521 P.2d 869 (1974)

Carl C. ADAIR, as Trustee in Dissolution of Kona Corporation, a dissolved Hawaii corporation, Plaintiff-Appellant, v. Edward C. HUSTACE, as Trustee of the Stillman Trust, et al., Defendants-Appellees.

Supreme Court of Hawaii.

April 26, 1974.

Attorney(s) appearing for the Case

L.N. Nevels, Jr., Honolulu, for plaintiff-appellant.

Albert I. Moon, Jr., Honolulu (Ashford & Wriston, Honolulu, of counsel), for defendant-appellee, Edward C. Hustace, as Trustee of the Stillman Trust.

G. Richard Morry, Honolulu (Conroy, Hamilton, Gibson, Nickelsen & Rush, Honolulu, of counsel), for defendants-appellees, Kaloko Land Corp., Foothill Land Corp., Mauna Loa Cattle Corp., and Kona Coast Co.

Before RICHARDSON, C.J., KOBAYASHI and OGATA, JJ., and Circuit Judge CHANG in place of LEVINSON, J., recused, and Circuit Judge HEEN assigned by reason of vacancy.

KOBAYASHI, Justice.

This case is before the court following our decision in Adair v. Kona Corporation and Edward C. Hustace, 51 Haw. 104, 452 P.2d 449 (1969), in which we held that Carl C. Adair as an individual was entitled to transfer of 200 acres of land from Edward C. Hustace as trustee of the Stillman Trust.

FACTS

On July 9, 1962, Hustace, as trustee of the Stillman...

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