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HARTMANN v. BERTELMANN

NO. 2773.

39 Haw. 619 (1952)

MARTIN L. HARTMANN, SR., GUARDIAN OF THE ESTATE OF MARTIN LUTHER HARTMANN, JR., RENA BERTELMANN INMAN, AND RUTH MAY ROSE v. HENRY FRANCIS BERTELMANN, TRUSTEE UNDER THE WILL AND OF THE ESTATE OF EMMA MARKHAM BERTELMANN, DECEASED, HENRY FRANCIS BERTELMANN, HENRIETTA ABIGAIL LYONS, WILLIAM MARKHAM BERTELMANN, CECILE NILANI WILMINGTON, HENRY BERTELMANN MANUAILEHUA ROSE, GERALDINE RUTH KALANIHUKIHEIONAMOKU ROSE ALULI, AND SAMUEL PARKER WIDEMANN, A MINOR.

Supreme Court of Hawaii.

Decided December 22, 1952.

Attorney(s) appearing for the Case

G.D. Crozier (also on the briefs; E.N. Sylva on supp. memo.) for appellants.

H.S. Wright (E.H. Beebe and Smith, Wild, Beebe & Cades with him on the briefs) for appellees.

C.N. Tavares (Pratt, Tavares & Cassidy and C.D. Pratt on statement of Cooke Tr. Co., successor-trustee).

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY STAINBACK, J.

Emma M. Bertelmann died on April 3, 1943, leaving a will which appointed Henry Francis Bertelmann, respondent-appellee, executor and trustee under the will. The will was admitted to probate July 7, 1943. The estate consisted of miscellaneous shares of stock, personal property, two parcels of land at Kuliouou and residential beach property situated at Diamond Head containing 53,000 square...

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