Francis Farrington Whittemore v. Elizabeth P. Farrington

Appellants are attempting to disqualify Circuit Judge Calvin C. McGregor of the Territory of Hawaii from hearing a matter pending before the court over which Judge McGregor presides.

A brief history of the litigation in which the disqualification is alleged to exist may be helpful. On July 30, 1954 one Edmund Leavey commenced an action in the Circuit Court of the First Judicial Circuit, Territory of Hawaii by petition asking “confirmation and authority to act as successor trustee” in the matter of the trust estate of Wallace H. Farrington, deceased. The petition was opposed and a cross-complaint filed by appellees Elizabeth P. Farring-ton and her two adopted children. The cross-complaint asserted that inasmuch as the said appellees constituted a majority in number and interest of those haying interests in the trust estate the law of Hawaii empowered them to name the successor trustees.

During the pendency of this action and on March 17, 1955, the expiration of the term of office of United States District Judge J. Frank McLaughlin occurred. By motion and supporting affidavit filed April 22, 1955 appellants asked Judge McGregor to disqualify himself and designate another judge to…