In Re Malualani B. Hoopiiaina Trusts

¶ 28 I concur in part and dissent in part.

I. TRUSTEE’S BREACH OF TRUST

¶ 29 The main opinion concludes that Malu “could not transfer the property in the trusts, as a trustee, other than as directed in the trusts.” This evades the well-established principle that a trustee can breach the trust, thereby triggering the statute of limitations. See 90 C.J.S. Trusts § 125 (2002) (“The trust relationship may continue until it is terminated by a repudiation by the trustee.... ”); 76 Am.Jur.2d Trusts § 654 (2005) (stating that the statute of limitations is tolled only “until the trustee openly…