Hawaiian Trust Co. v. Cohen

OPINION OE THE COURT BY

KEMP, J.

This appeal presents two problems for our determination. First, we must construe the will of Joel C. Cohen, deceased, to determine when the enjoyment of income by the life tenant was to commence, and second, if we determine that the right to the enjoyment of income by the life tenant was to commence at any time prior to distribution, we must then determine what effect the use of such income for capital purposes had on the rights and liabilities of the life tenant and remaindermen.

Joel C. Cohen died testate on August 11, 1931. By his will, which was duly admitted…