Walker

This appeal is from a decree of the Supreme Court of the Territory of Hawaii which, on appeal from a decree of a Territorial circuit judge, determined the rights of Margaret Mamo Clark and Flora Hiram (also known as Flora Margaret Crowell) under a trust deed whereby John A. Cummins, as trustor, conveyed certain property to Joseph O. Carter, as trustee, on October 1, 1896.

The deed provided that, out of the net income of the trust thereby created, the trustee should make certain payments to the trustor’s wife, Kahalewai Cummins, during her life, to the trustor himself during his life, and after the trustor’s death, to the four children of the trustor and his wife, namely, Thomas B. Cummins, Matilda K. Walker, Jane P. Merseberg and May I. Creighton (later known as May K. Clark) ; that the net income of the trust, after the trustor’s death, should “be subject * * * to a further charge of [$30] per month to be paid to Flora Hiram for and during the term of her natural life;” and that “upon the death of the last surviving child of the [trustor and his wife], the entire trust estate and all property for the time being representing the same shall thereupon vest in and forthwith b.e…