MATTER OF ESTATE OF HOLT

No. 16488.

857 P.2d 1355 (1993)

In the Matter of the ESTATE OF George H. HOLT, Deceased.

Supreme Court of Hawaii.

Reconsideration Denied October 6, 1993.


Attorney(s) appearing for the Case

Scott A. Makuakane and Bruce L. Lamon of Goodsill, Anderson, Quinn & Stifel, on the briefs, Honolulu, for guardian ad litem-appellant.

Christian P. Porter and Robert F. Miller of Foley, Maehara, Judge, Nip & Chang, on the briefs, Honolulu, for income and contingent beneficiaries-appellees.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.


MOON, Chief Justice.

The trustee of a testamentary trust filed a petition for instructions in circuit court to determine the correct termination date of the trust. The circuit court held that in order to avoid violating the Rule Against Perpetuities, the trust must terminate twenty-one years after the death of the last survivor among the testator's eleven children. Because the last survivor died in 1986, the court held that the trust must terminate in the year 2007...

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