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GRAHAM v. WASHINGTON UNIVERSITY

No. 5888.

569 P.2d 896 (1977)

Lilia A. GRAHAM, Plaintiff-Appellee, v. WASHINGTON UNIVERSITY, Defendant-Appellant, Bettyjane Graham Rubbert, Roy Graham, Milton Graham, Tom A. Graham, R. Kenneth Graham, M. Graham Hattell, also known as Mrs. W.R. Hattell, Marcia Ann Hattell, Judith Lynn Graham Jacobs, George A. Graham, Randall J. Graham, Debra Jeanne Graham, David Graham, by his Guardian ad Litem, George A. Graham, Mary Ellen Graham Mackin, Daniel J. Mackin, Kathleen Mary Mackin, Ann Maureen Mackin, Michael J. Mackin, John Joseph Graham, John Joseph Graham, II, by his Guardian ad Litem, John Joseph Graham, Michelle Maria Graham, by her Guardian ad Litem, John Joseph Graham, Thomas Alva Graham, Jr., Thomas Alva Graham, III, Thomas Alva Graham, IV, Glenn Graham, Myra Helen Graham, Maryetta V. Moore, Maryetta Moore, Milton T. Moore, Michael Moore, Robert Allen Graham, Randall Kevin Graham, Paul Marten Graham, Elizabeth Kay Graham, Marilyn Jean Black, Karen Jean Black, Patricia Ann Black, Kenneth Dean Black, Katherine Renee Black, Scott Allen Black, Susanne G. Jacobsmeyer, Jodi Lyn Jacobsmeyer, Jon Arthur Jacobsmeyer, Jay Marten Jacobsmeyer, James Clifford Jacobsmeyer, and all other persons known and unknown, in being and unborn, similarly situated with them, who might be interested in this proceeding, Defendants-Appellees. HAWAIIAN TRUST COMPANY, LIMITED, Defendant and Third-Party Plaintiff-Appellee, v. Fumie Y. WONG, Executrix of the Will of Ritsuko Yamakawa, Deceased, Third-Party Defendant.

Supreme Court of Hawaii.

September 27, 1977.

Attorney(s) appearing for the Case

Ted Gamble Clause, Honolulu (Ronald W.K. Yee, Honolulu, with him on the briefs; Case. Kay, Clause & Lynch, Honolulu, of counsel), for defendant-appellant.

Asa M. Akinaka, Honolulu, for certain defendants-appellees.

Before RICHARDSON, C.J., KOBAYASHI, OGATA and MENOR, JJ., and Circuit Judge KATO in place of KIDWELL, J., disqualified.

KOBAYASHI, Justice.

Washington University, whose interest is as a contingent remainderman (hereinafter appellant), brings this appeal from a judgment of the trial court granting partial summary judgment to Lilia A. Graham, plaintiff, widow of the deceased settlor, George Alvin Graham. The sole question for resolution by partial summary judgment was the determination of the effective indenture of trust. The appellees participating in this appeal are those persons who...

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