IN THE MATTER MEDEIROS TESTAMENTARY TRUST

No. 24602.

96 P.3d 1098 (2004)

105 Hawai`i 284

In the Matter of the Joseph Pimental MEDEIROS TESTAMENTARY TRUST AND LIFE INSURANCE TRUST, Deceased.

Supreme Court of Hawai`i.

September 3, 2004.


Attorney(s) appearing for the Case

Stephen D. Tom, and Marie E. Riley (of White & Tom), Honolulu, on the briefs, for appellant Donna Gayle Bender.

Mark B. Desmarais, Raymond K. Okada, and Judy Y. Lee (of Goodsill Anderson Quinn & Stifel), Honolulu, on the briefs, for beneficiary-appellee Joseph Medeiros.

David C. Larsen and Rhonda L. Griswold (of Cades Schutte Fleming & Wright), Honolulu, counsel of record, for petitioner-appellee Pacific Century Trust.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.


Opinion of the Court by MOON, C.J.

Appellant Donna Gayle Bender appeals from the first circuit court's1 (1) September 12, 2001 order granting petition for instructions and (2) October 1, 2001 final judgment closing trust proceedings. The circuit court determined in its September 12, 2001 order that Bender is not a beneficiary under the Joseph Pimental Medeiros Testamentary Trust [hereinafter, the testamentary trust] and the Joseph Pimental...

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