Enos v. Berger

OPINION OP THE COURT BY

MIZUHA, J.

Plaintiffs-appellants, Frank Enos and Rosalie Enos Gray,1 are residents of California and claim to be the *2owners, in fee simple, of certain real property situated in the County of Maui, State of Hawaii. On May 7, 1950, plaintiffs, as settlors, signed an instrument entitled “Trust Agreement,” purporting to convey the real property in question to three trustees. It is alleged that thereafter, on December 21, 1951, without the consent or knowledge of the appellants, defendant William Berger, one of the three trustees and one who would also benefit under the…