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IN RE ESTATE OF HERBERT

No. 16291.

979 P.2d 39 (1999)

90 Hawai`i 443

In the Matter of the ESTATE OF Carmen Corrine HERBERT, Deceased.

Supreme Court of Hawai`i.

As Amended on Denial of Reconsideration April 15, 1999.

Attorney(s) appearing for the Case

Arthur B. Reinwald, (Michael J. McGuigan, with him on the brief) of Reinwald O'Connor Marrack Hoskins & Playdon, on the briefs, Honolulu, for Petitioner-Proponent-Appellant Hanno Soth.

Carroll S. Taylor, Kimo C. Leong, and Gregory W.K. Chee, on the briefs, Honolulu, for Respondent-Contestant-Appellee First Church of Christ Scientist, Honolulu.

MOON, C.J., LEVINSON, NAKAYAMA, and RAMIL, JJ. and Circuit Judge SOONG, in place of KLEIN, J., recused.

Opinion of the Court by RAMIL, J.

We granted petitioner-proponent-appellant Hanno Soth's application for a writ of certiorari with respect to the Intermediate Court of Appeals' (ICA) decision in In re Estate of Herbert, No. 16291, slip op., 1997 WL 123563 (Ct.App.Haw. March 18, 1997).

It is apparent from the arguments of the parties and the ICA's decision that the bulk of our case law regarding the relevant law of wills is nearly a century old. We take...

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