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HAW'N TR. CO. v. BREAULT ET ALS.

No. 3076.

42 Haw. 268 (1958)

HAWAIIAN TRUST COMPANY, LIMITED, A HAWAIIAN CORPORATION, TRUSTEE UNDER THE WILL OF JOHN EMORY BREAULT, DECEASED v. CARRIE VILLIESSE BREAULT; KISHINO ODA; HARRY BUSCHER, A MINOR; WARD BUSCHER, A MINOR; MATT WHAN; CAROLE ACKERMAN, A MINOR; DOUGLAS ACKERMAN, JR.; DIANA EWING, A MINOR; PORTIA ACKERMAN; MARY O'BRIEN; KIOKA FUJIKAWA; SHARON MARIE GROOM, A MINOR; HOWARD J. GROOM, A MINOR; SHEILA MARGARET GROOM, A MINOR; AND FRANCES ANN KRATTLIE.

Supreme Court of Hawaii.

Decided January 15, 1958.

Attorney(s) appearing for the Case

Pratt, Tavares & Cassidy for guardian ad litem, respondent-appellant Willard Buscher.

Suyeki Okumura for Kishino Oda, respondent-appellant.

Smith, Wild, Beebe & Cades for Hawaiian Trust Company, Limited, Trustee.

Shiro Kashiwa, guardian ad litem for Harry Buscher, Ward Buscher, Carole Ackerman, Diana Ewing, Sharon Marie Groom, Howard J. Groom and Sheila Margaret Groom, minors and remaindermen.

RICE, C.J., STAINBACK AND MARUMOTO, JJ.

OPINION OF THE COURT BY STAINBACK, J.

This is an appeal to this court from a decision and decree of the court of the first circuit entered on December 8, 1955, upon a bill for instructions as to the meaning of certain provisions of the will of John Emory Breault, deceased.

Hawaiian Trust Company, Limited, the sole remaining trustee under the will of John Emory Breault, deceased, filed a bill for instructions in the court of the first circuit asking instructions...

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