TRUST CREATED UNDER the WILL OF Samuel M. DAMON, Deceased.
In the Matter of the ESTATE OF Samuel Mills DAMON, Deceased.
Supreme Court of Hawaii.https://leagle.com/images/logo.png
March 30, 1994.
March 30, 1994.
Attorney(s) appearing for the Case
Carroll S. Taylor, of Taylor, Leong & Chee, Honolulu, for respondent-appellant Michael E. Haig.
Wayne Nasser, (Keith M. Yonamine, A. James Wriston, Jr. and M. Eleanor Herberg, with him on the briefs, of Ashford & Wriston), Honolulu, for respondent-appellant Joan Damon Haig.
Kenneth R. Kupchak, (Douglas C. Smith, C.F. Damon, Jr. of Damon Key Bocken Leong & Kupchak, and Frank T. Kanemitsu, Randall M.L. Yee and Richard L. Frunzi of Frunzi & Yee, with him on the briefs), Honolulu, Myron G. Sugarman, pro hac vice, of Cooley Godward Castro Huddleson & Tatum, San Francisco, CA, for respondents-appellees Heather Damon Sorenson, Arthur A. Henzell, Trustee for the Shawna Sorenson Trust, Douglas Philpotts, Trustee of the Heidi Snow Trust, Sharon M. Damon and John Philip Damon.
Benjamin M. Matsubara, (Jason M. Yoshida and Curtis T. Tabata, with him on the briefs, of Matsubara, Lee & Kotake), Honolulu, William M. McGovern, pro hac vice, Los Angeles, CA, for respondent-appellee Guardian Ad Litem for the Minor, Unborn, and Unascertained Beneficiaries of the Trust Created Under the Will of Samuel M. Damon, Deceased.
Mary Jane Connell, (Russell A. Ota and Duane R. Fisher, with her on the motions), Honolulu, for petitioners.
Before MOON, C.J., KLEIN, NAKAYAMA, JJ., BURNS, Intermediate Court of Appeals Chief Judge, in place of LEVINSON, J., recused, and ACOBA, Circuit Judge, in place of RAMIL, J., recused.
Supreme Court of Hawaii.
KLEIN, Justice.
The will of Samuel M. Damon created a trust to administer his estate which consisted of various business interests, considerable land holdings, including the Moanalua Gardens, and other assets. The will clearly provided for continuation of the trust throughout the lives of Damon's children and grandchildren who were living at the time of Damon's death (the measuring lives), but did not expressly refer to a termination date. Based on the language of...
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