Suehiro
Brownell, Atty. Gen. v. Suehiro
Opinion
Opinion
Denman, J.
This is an appeal from a judgment of the United States District Court for the District of Plawaii.
The questions presented are: (1) whether there is sufficient evidence to support the findings of the trial judge; and (2) whether a written memorandum, written after the effective date of Executive Order No. 8389, may be considered as having the effect of taking an oral gift of real property out of the statute of frauds.
Charles I. Suehiro, Richard Yoshio Suehiro and Robert Kikuo Suehiro, United States citizens of Japanese ancestry, hereafter the Sons, filed suit in the court below under Section 9(a) of the Trading with the Enemy Act, 50 U.SC.A. Appendix, § 9(a), against the Attorney General for the recovery of certain real property located in Hawaii, together with all income from and accretions to said property, which has come into the possession and under the control of the Attorney General by virtue of a vesting order issued by him as successor to the Alien Property Custodian.
In 1941, Umetaro and Stimi Suehiro, parents of the Sons, hereafter the Parents, were the owners in fee simple of the property in question. On March 13 of that year the Parents made an unconditional parol…