Legal Opinion · Dissent

Crescent City Motors, Ltd. v. Nalaielua

Hawaii Supreme Court

Decided May 1, 1930No. 1943Published

1DissentOpinion Of Paksons, J.

I cannot concur in the vieiv that a contingent interest of a cestui que trust in property, under a trust deed, in the circumstances set forth in the majority opinion, can be subjected at the suit of the creditor to the satisfaction of a judgment debt of such cestui; and this for tlie following reasons, namely, (1) that such a result would defeat the plainly apparent purposes of the trust as expressed in its terms and (2) that it'would be inequitable to subject to forced sale an uncertain interest which at the present time can have none other than a merely speculative value.

“In England,…

2Cases cited11 opinions

  1. Nichols v. EatonSupreme Court of the United States · 1875
  2. Shelton v. KingSupreme Court of the United States · 1913
  3. Spindle v. ShreveSupreme Court of the United States · 1884
  4. Haward v. PeaveyIllinois Supreme Court · 1889
  5. Seymour v. McAvoyCalifornia Supreme Court · 1898

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