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HAWAIIAN TR. CO. v. CROPLEY

NO. 2818.

40 Haw. 38 (1953)

HAWAIIAN Trust Company, Limited, Executor of the Will of Joseph Thompson Boyd, Deceased, and Hawaiian Trust Company, Limited, Trustee under the Will of Joseph Thompson Boyd, Deceased v. Rupert Sidney Cropley, John Gordon Bannerman, Lewis Packer, Richard Selkirkshire Bales, Ray Percy Godfrey, Mildred Copland, Annie Agnes Isabel Geggie, Muriel Marguerite Batterham, Nea Josephine Rodway, George L. Hobson, Reginald Clive Hobson, Beryl Dorothy Lilja, Euna Gladys Malone, and Rhoda V. Lewis, Acting Attorney General of the Territory of Hawaii.

Supreme Court of Hawaii.

Decided March 13, 1953.

Attorney(s) appearing for the Case

E.Z. Buck (Lewis, Kimball & Buck on the briefs) for appellants Geggie, Copland and Malone.

C.N. Tavares (Pratt, Tavares & Cassidy on the brief) for appellees Cropley, Bannerman, Packer, Bales and Godfrey.

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

OPINION OF THE COURT BY LE BARON, J.

This is a bill for instructions by the Hawaiian Trust Company, Limited, as executor of and trustee under the will of Joseph Thompson Boyd, deceased. The trust company as petitioner alleges that it is in doubt concerning its duties with respect to certain of the testator's legacies which left the residue of income of his residuary estate, after providing for certain annuities, to "the TRUSTEES OF THE EDITH BOYD MEMORIAL TRUST FUND...

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