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MARTIN v. MARTIN

No. 15901.

883 P.2d 673 (1994)

77 Hawai`i 251

Helen M. MARTIN, Emily Martin Souza and Antone Martin III, Plaintiffs-Appellees, v. William MARTIN, Defendant-Appellant, and Heirs of Antone Martin, deceased, John and/or Jane Does 1 to 100, all other Persons Unknown Claiming any Right, Title, Estate, Lien or Interest in the Real Property Described in the Complaint and to all Whom it may Concern, Defendants.

Intermediate Court of Appeals of Hawai`i.

October 21, 1994.

Attorney(s) appearing for the Case

David W. Proudfoot (Michael J. Belles and Margaret Hanson with him on the opening brief; Margaret Hanson with him on the reply brief), Case & Lynch, Lihue, Kauai, for defendant-appellant.

Clinton I. Shiraishi (Calvin K. Murashige with him on the brief), Shiraishi, Yamada & Murashige, Lihue, Kauai, for plaintiffs-appellees.

Before BURNS, C.J., and HEEN and WATANABE, JJ.

BURNS, Chief Judge.

BRIEF SUMMARY

On June 1, 1990, plaintiffs Helen M. Martin (Helen), Emily Martin Souza (Emily), and Antone Martin, III (Antone III) filed a Complaint for Determination and Declaration of Heirs and to Partition (June 1, 1990 Complaint) primarily against defendant William Martin (William) for: (1) the determination and declaration of the heirs of Antone Martin, Sr. (Antone I); (2) the partition of Antone I's real property in accordance with...

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