Matsushima v. Rego

OPINION OF THE COURT BY

LUM, C.J.

This is an appeal from an order dismissing Appellant’s action for cancellation of a deed conveying their interest in certain lands owned by their mother, intestate deceased Maui K. Rego, to Appellee. Appellants contest the lower court’s conclusion that a previous probate proceeding was res judicata on the issue of heirship raised in Appellant’s suit for cancellation. We reverse the ruling of the lower court.

I

Appellants and Appellee are the children and heirs of Maui K. Rego who died intestate on May 28,1949. At the time of her death, deceased owned five parcels…