MATTER OF ESTATE OF CHRISTIAN

No. 7085.

652 P.2d 1137 (1982)

In the Matter of the ESTATE OF Eliza R.P. CHRISTIAN, Deceased.

Supreme Court of Hawaii.

Reconsideration Denied November 22, 1982.


Attorney(s) appearing for the Case

Robert A. Smith, Honolulu, for petitioner-appellant.

Clinton R. Ashford, Honolulu (Carol Y. Asai, Honolulu, with him on the brief; Ashford & Wriston, Honolulu, of counsel), for appellee Anita Rose Hamblin.

Before RICHARDSON, C.J., LUM, NAKAMURA, JJ., and OGATA and MENOR, Retired Justices, assigned temporarily.


RICHARDSON, Chief Justice.

Petitioners-appellants are the second cousins and, thus, collateral heirs of the testatrix. They appeal from an order granting summary judgment in favor of appellee Anita Hamblin, the sole issue and heir of the testatrix. Appellants claim that the trial court erred in ruling that the testatrix's gift in her will lapsed so as to bypass the named beneficiary and allow the appellee to take through intestate succession. For the reasons set forth...

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