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MATTER OF TRUST CREATED BY DECLARATION OF TRUST OF DEAN

No. 4252.

47 Haw. 629 (1964)

394 P.2d 432

IN THE MATTER OF THE TRUST CREATED BY DECLARATION OF TRUST OF WILLIAM McBURNEY DEAN, DATED NOVEMBER 14, 1944, AND SUBSEQUENTLY AMENDED.

Supreme Court of Hawaii.

July 7, 1964.

Attorney(s) appearing for the Case

Masaji Marumoto and Ton Seek Pai (Ton Seek Pai on the briefs) for appellants.

Herbert Y.C. Choy (Fong, Miho, Choy & Robinson of counsel) for appellees.

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

OPINION OF THE COURT BY LEWIS, J.

Appellants are the administrator with the will annexed of the estate of William McBurney Dean, who died September 14, 1959; and the widow of the decedent. Mr. Dean founded the Dowsett Highlands Land Trust, a business trust, by a declaration of trust dated November 14, 1944, and at the times here involved was the sole trustee of the Land Trust. He hereinafter sometimes is referred to as the "Trustee."

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