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BISHOP TRUST CO., LIMITED v. COOKE TRUST COMPANY, LIMITED

NO. 2866.

39 Haw. 641 (1953)

BISHOP TRUST COMPANY, LIMITED, EXECUTOR UNDER THE WILL AND OF THE ESTATE OF WILLIAM WORTHINGTON, DECEASED v. COOKE TRUST COMPANY, LIMITED, SUCCESSOR-TRUSTEE UNDER DEED OF TRUST MADE BY RICHARD SMART, DATED JUNE 15, 1933, AND RICHARD SMART.

Supreme Court of Hawaii.

Decided January 16, 1953.

Attorney(s) appearing for the Case

R.E. Brown (J.G. Anthony with him on the briefs) for plaintiff in error.

C.A. Gregory (Smith, Wild, Beebe & Cades with him on the brief) for petitioner-defendant in error.

C.D. Pratt (Pratt, Tavares & Cassidy with him on the brief) for successor-trustee respondent-defendant in error.

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

OPINION OF THE COURT BY STAINBACK, J.

The facts in this case as they appear in the record by pleadings and stipulations of the parties are undisputed and simple but the question raised is not free from doubt and difficulties.

On June 15, 1933, Richard Smart, just after reaching his majority, conveyed ("assign, transfer and deliver") certain bonds to Alfred W. Carter as trustee in trust for the following uses and purposes, that is to say: "To demand, receive...

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