In re the Trust Estate of Carter

Citations

• 24 Haw. 536
• 1918 Haw. LEXIS 5

Syllabus

<p>Wills — attempt to confer jurisdiction.</p> <p>Where a testator in his will attempts to confer jurisdiction upon a judge in his judicial capacity,, where the judge as a matter of law has jurisdiction in the premises, the judge acts by virtue of the law conferring jurisdiction upon him and not under the authority of the provisions of the will, and in case jurisdiction is subsequently taken from such judge and is transferred to another judge the power to act ipso facto passes to such other judge.</p> <p>Trusts — appointment of trustee.</p> <p>The will of C, dated in 1889 and probated in 1891, named two trustees to execute the trust created and provided that whenever the beneficiaries of the trust or a majority of them shall apply to a justice of the supreme court a third trustee shall he appointed. Held, that by the Judiciary Act of 1892 all original equity jurisdiction having been taken from the several justices of the supreme court and reposed in the circuit judges of the islands, the power to appoint a third trustee is now exercisable by a circuit judge and not by a justice of the supreme court.</p>