Cummins v. Cummins

OPINION OP THE COURT BY

PERRY, J.

On October 1, 1896, a deed was executed by John A. Cummins as party of the first part, Kahalewai Cummins, his wife, as party of the second part, and Joseph 0. Carter as party of the third part, whereby Cummins conveyed certain property to Carter in trust “to collect the rents, issues and profits arising or issuing out of the said trust estate and to manage and care for the same,” with certain powers relating to changes in the form of the investments, and upon further trusts expressed as follows: “out of the net income of the said trust estate and of the…