In re the Trust Estate of Miller

*239OPINION OF THE COURT BY

MIZUHA, J.

Bishop Trust Company, Limited, the Successor Trustee of the Caroline West Miller Trust, filed on July 6, 1962 a petition for instructions in the lower court as to the proper distribution of trust income.

The trust instrument provided that the net income of the trust should be paid to those surviving, from time to time, of six named grandchildren-and of the legal issue of any of said grandchildren who should be dead, such issue taking pei* stirpes by right of representation. The trust instrument further provided that any of the beneficiaries might permanently…