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CHUN MING v. HO.

No. 4094.

45 Haw. 521 (1962)

371 P.2d 379

KAM CHIN CHUN MING, KAM HON HO, KAM YEE TING, KAM MAN HO, KAM KONG HO, AND YOUNG TIM HO v. KAM HEE HO, EXECUTOR UNDER THE WILL AND OF THE ESTATE OF HO POI, DECEASED, KAM MOON KAM, KAM YIN ENG, KAM MEE CHAR, KWAN HEEN HO, KAM HOU WONG, KAM LO HO, KAM YIP CHOCK, KAM SUNG DOTT, HOON CHEONG MOCK, AND KOON CHUNG BERTELMANN.

Supreme Court of Hawaii.

May 2, 1962.

Attorney(s) appearing for the Case

Leon L.M. Chun (Nicholas W.Y. Char with him on the briefs) for petitioners-appellants.

Earl S. Robinson (Fong, Miho, Choy & Robinson on the briefs) for respondents-appellees.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, LEWIS, JJ., AND CIRCUIT JUDGE KING IN PLACE OF MIZUHA, J., DISQUALIFIED.

OPINION OF THE COURT BY LEWIS, J.

This is an appeal from a judgment which, after trial, dismissed a petition in an action seeking to set aside a family settlement and the order of the probate court based thereon.

Ho Poi, hereinafter referred to as decedent, in 1890 at the age of 27 went from Hawaii to the village in China from which he had emigrated, returning to Hawaii in 1891 with a wife, Chang Shee. Under the pleadings it is undisputed that Chang Shee was...

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