Clifton H. Tracy, of the Estate of Charles Dunbar Walker, Deceased, and Albert F. Lww, Etc. v. Violet May Walker Baker

This appeal is taken from the Supreme Court of the Territory (now State) of Hawaii, pursuant to 28 U.S.C. § 1293 . The parties are claimants to the estate of Frederick George Eyton Walker, who died testate on November 19, 1953.

Appellee Baker claims as the daughter and heir of the decedent upon the theory that the residuary legacy of decedent’s last will had lapsed through the prior death of the residuary legatee and that the residue of the estate should pass by descent as though the decedent had died intestate.

Appellant claims in the alternative: first, that the residuary legacy had not lapsed and that he is entitled to it as heir of the residuary legatee, taking by substitution; and, second, that in any event he, and not the appellee, is the heir of decedent if the estate should pass by descent.

The issues presented are (1) whether under Hawaii law the residuary legacy lapsed upon the death of the legatee, and, if so, (2) whether appellant is entitled to press his alternative claim as heir of the decedent.

Decedent had been briefly married, the marital venture terminating in divorce. Appellee claims as the issue of that marriage. She had spent her entire life with her…