King v. Hawaiian Trust Co.

OPINION OF THE COURT BY

ROBERTSON, C.J.

This is an action to quiet title to a piece of land (R. P. 148) situate on King Street in tbe city and county of Honolulu. Tbe *620plaintiff claims to own an undivided one-third in the land in fee simple. The defendant claims the fee of the entire parcel as trustee under the will of Thomas Cummins, deceased.

The parties agreed upon the following facts: That the land described in the plaintiff’s complaint was owned in fee -simple by Thomas Cummins at the time of his death; that said Thomas Cummins died in the year 1885 leaving a will which was duly admitted to…