Clifton H. Tracy, of the Estate of Charles Dunbar Walker, Deceased, and Albert F. Lww, Etc. v. Violet May Walker Baker

MERRILL, Circuit Judge.

This appeal is taken from the Supreme Court of the Territory (now State) of Hawaii, pursuant to 28 U.S.C. § 1293. The parties are claimants to the estate of Frederick George Eyton Walker, who died testate on November 19, 1953.

Appellee Baker claims as the daughter and heir of the decedent upon the theory that the residuary legacy of decedent’s last will had lapsed through the prior death of the residuary legatee and that the residue of the estate should pass by descent as though the decedent had died intestate.

Appellant claims in the alternative: first, that the…