Bertelmann v. Cockett

Citations

• 24 Haw. 230
• 1918 Haw. LEXIS 56

Syllabus

<p>Equity — mistake—jurisdiction.</p> <p>A court of equity has jurisdiction to correct mistakes in a trust deed testamentary in character when the mistake is apparent on the face of the instrument or may be made out by a due construction of its terms.</p> <p>Same — voluntary trust deeds testamentary in character — rule govern.ing courts in correcting mistake.</p> <p>The instrument which the court is asked to correct and construe being voluntary and testamentary in character the law applicable to wills in like cases applies here.</p> <p>Same — same—hill held not to he sufficient to show mistake.</p> <p>No mistake being apparent on the face of the instrument and none that can be made out by a due construction of its terms the bill does not state a case for relief in equity on the ground of mistake.</p>