MATTER OF HERBERT M. DOWSETT TRUST

No. 13741.

791 P.2d 398 (1990)

In the Matter of the HERBERT M. DOWSETT TRUST, under An Agreement of Trust executed on September 2, 1954 By and Between Herbert M. Dowsett, Settlor, and Sherman Nott Dowsett and Ernest Kapuamailani Kai, Trustees.

Intermediate Court of Appeals of Hawaii.

Reconsideration Denied May 16, 1990.


Attorney(s) appearing for the Case

Mark N. Henry (Matthew N. Padgett, with him on the briefs; Padgett & Henry, of counsel), Honolulu, for petitioners-appellants Ellen M. Osborne, Peter D. Osborne and Ian M. Osborne.

Stephen B. MacDonald (A. Singleton Cagle, with him on the briefs; Cades Schutte Fleming & Wright, of counsel), Honolulu, for respondents-appellees Sherman Nott Dowsett, Ernest K. Kai and Henry Klein.

Before BURNS, C.J., and HEEN and TANAKA, JJ.


TANAKA, Judge.

In 1985, Joan D. Osborne (Joan), an income beneficiary of the Herbert M. Dowsett Trust (the Trust), sued the trustees of the Trust, seeking an accounting, damages, and the removal of the trustees. In 1987, a stipulated settlement approved by the circuit court resulted in the resignation of the trustees and the dismissal of Joan's action, with prejudice. In 1988, Ellen M. Osborne, Peter D. Osborne, and Ian M. Osborne (collectively Petitioners or Appellants...

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