Hudson

This case is here on appeal from a judgment of the Supreme Court of the Territory of Hawaii reversing a judgment of the territorial circuit court and ordering a dismissal.

From the petition filed in the trial court it is made to appear that about the year 1880 one Emil Wery married an Hawaiian woman whose given name was Hattie. Three children were born of this marriage, Emily Wery Hudson, Julius Wery, and William Wery. In 1895 Emil Wery acquired a long-term lease of certain property in Hilo. This lease was productive of substantial revenue, and it is claimed that the returns from it were invested in other properties acquired by Wery and disposed of by him in his will. The wife, Hattie, died intestate in 1916 and no administration was had of her estate. In the will of Emil Wery, probated in 1930, he left certain residence premises to the wife of his son William, and the remainder of the estate to appellee Pacific Trust Company, in trust, to pay the income to the son *822 Julius, and the children of Julius and William, and directed that at the expiration of 20 years from the date of the death of the last survivor of any grandchildren living at his death the trust should terminate…