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FREITAS v. GOMES

No. 4893.

472 P.2d 494 (1970)

Caroline Jean Gomes FREITAS, also known as Carrie G. Freitas, Plaintiff-Appellant, v. Cosie Luiz GOMES, also known as Maria Cosie Gomes, and Joseph Gomes, Defendants-Appellants.

Supreme Court of Hawaii.

July 7, 1970.

Attorney(s) appearing for the Case

Leon L.M. Chun, Honolulu, for appellant.

Tom C. Leuteneker, Hilo (Carlsmith, Carlsmith, Carlsmith, Wichman & Case), Hilo, for appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.

LEVINSON, Justice.

The question raised in this case is whether the admission of the decedent's will to probate and the distribution of his estate in the probate proceedings bars the plaintiff's present action to construe the will and obtain a declaratory judgment as to the rights of the respective beneficiaries.

The testator, Manuel Gomes, Sr., died on November 30, 1959 leaving real property appraised at $2,747,120.00 and personal property appraised at $347...

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