King v. Smith
Court of Appeals for the Ninth Circuit
Appeal from the Supreme Court of the Territory of'Hawaii. Petition in equity by William O. Smith, E. Faxon Bishop, Albert F. Judd, and Alfred W. Carter, as trustees under the will of Bernice P. Bishop, deceased, for confirmation of the appointment of William Williamson as a cotrustee. A decree holding such appointment invalid, and appointing Charles E. King trustee, was reversed by the Supreme Court of Hawaii, and King appeals.
Read the full summary
Appeal from the Supreme Court of the Territory of'Hawaii. Petition in equity by William O. Smith, E. Faxon Bishop, Albert F. Judd, and Alfred W. Carter, as trustees under the will of Bernice P. Bishop, deceased, for confirmation of the appointment of William Williamson as a cotrustee. A decree holding such appointment invalid, and appointing Charles E. King trustee, was reversed by the Supreme Court of Hawaii, and King appeals. This caso comes here on appeal from the Supreme Court of the territory of Hawaii. It has to do with the construction of the last will and testament of one Bernice…
1Opinion of the Court
WOLVERTON, District Judge.
Two questions are presented here for our-determination: Eirst, whether the justices of the Supreme Court were disqualified to sit in the cause on its appeal from the circuit judge; and, second, whether the designation of the justices of the Supreme Court for 'filling vacancies in the board of trustees, under the will, by choice, of a majority of such justices, is a descriptio personae merely, or a naming of such justices in their official capacity, or as a court. As the decision of the first question depends somewhat upon the disposition of the latter, we will treat…
2Cases cited11 opinions
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- In re John's WillOregon Supreme Court · 1896
- In re Estate of BeardWyoming Supreme Court · 1897
- Kealoha v. CastleSupreme Court of the United States · 1908
- National Webster Bank v. EldridgeMassachusetts Supreme Judicial Court · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ewa Plantation Co. v. WilderCourt of Appeals for the Ninth Circuit · 1923
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1940
- Bricker v. Sceva Speare Memorial HospitalSupreme Court of New Hampshire · 1974
- Carscadden v. Territory of AlaskaCourt of Appeals for the Ninth Circuit · 1939
- Kekoa Ex Rel. Enomoto v. Supreme CourtHawaii Supreme Court · 1973
3 more not listed; retrieve them via the Exa API.