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MATTER OF ESTATE OF DWIGHT

No. 8772.

681 P.2d 563 (1984)

In the Matter of the ESTATE OF Samuel Castle DWIGHT, Deceased.

Supreme Court of Hawaii.

Reconsideration Denied May 3, 1984.

Attorney(s) appearing for the Case

Harold W. Nickelsen, Honolulu (D. Scott MacKinnon and Cheryl A. Nakamura, Honolulu, with him on the briefs; Hamilton, Gibson, Nickelsen, Rush & Moore, Honolulu, of counsel), for appellant First Hawaiian Bank, Successor Trustee of the Estate of Samuel Castle Dwight, Deceased.

John Francis Perkin, Honolulu (Hoddick, Reinwald, O'Connor & Marrack, Honolulu, of counsel), for appellee beneficiary Samuel M. Dwight.

Earl S. Robinson, Honolulu, for appellee beneficiary Harriet D. Ellis.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

PER CURIAM.

First Hawaiian Bank (Appellant or Trustee), successor Trustee of The Estate of Samuel Castle Dwight, deceased, (Trust) appeals the Circuit Court's judgment surcharging the Trustee for its breach of fiduciary duties owed to the Trust and to the income beneficiaries in purchasing and maintaining a fifty-year old building, and awarding the income beneficiaries reasonable attorney's fees and costs. We affirm, but modify the amount of the surcharge.

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