Housing Finance and Development Corp. v. Ferguson
| Decision Date | 08 July 1999 |
| Docket Number | 21120 |
| Parties | <PartyHeader> HOUSING FINANCE AND DEVELOPMENT CORPORATION, A PUBLIC BODY AND BODY CORPORATE AND POLITIC, PLAINTIFF-APPELLEE, AND HAROLD K.L. CASTLE FOUNDATION, A HAWAII NON-PROFIT CORPORATION; JOHN CASTLE BALDWIN, ALSO KNOWN AS JOHN C. BALDWIN, JAMES CASTLE MCINTOSH, ALSO KNOWN AS JAMES C. MCINTOSH, HAWAIIAN TRUST COMPANY LIMITED, A HAWAII CORPORATION, AS TRUSTEES OF THE TRUST CREATED BY THE UNRECORDED TRUST AGREEMENT DATED AUGUST 5, 1974, MADE BY ALICE HEDEMANN CASTLE, AS SETTLOR, AND JAMES C. CASTLE, AS INDIVIDUAL TRUSTEE, AS AMENDED, DEFENDANT TRUSTEES-APPELLEES, v. DALE BAKER FERGUSON, DEFENDANT LESSEE-APPELLANT, AND CHARLES MATTHEWS WHITE, ELOISE F. WICKERSHAM AND FIRST HAWAIIAN BANK, A HAWAII CORPORATION, SUCCESSOR TRUSTEES OF THE TRUST CREATED BY THE UNRECORDED DECLARATION OF REVOCABLE LIVING TRUST SEPTEMBER 11, 1970, AS AMENDED, MADE BY HORACE WINFRED BEEK WHITE, AS SETTLOR AND TRUSTEE; HAWAIIAN TRUST COMPANY, LIMITED, A HAWAII CORPORATION, ANCILLARY PERSONAL REPRESENTATIVE OF LEWIS WINN STUNSTON, JR., DECEASED; W. LAWRENCE CLAPP, ANCILLARY PERSONAL REPRESENTATIVE OF MARGUERITE T. PECK, ALSO KNOWN AS MARGUERITE REID PECK, MARGUERITE TROUSDALE, MARGUERITE REID TROUSDALE, MARGUERITE TROUSDALE PECK AND MARGUERITE PECK, HAVING BEEN SO APPOINTED BY THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII, THROUGH PROBATE NO. 42920; W. LAWRENCE CLAPP, SUCCESSOR TRUSTEE OF THE TRUST CREATED BY THE TRUST AGREEMENT DATED JUNE 30, 1965, MADE BY AND BETWEEN PAUL WHITNEY TROUSDALE, AS SETTLOR, AND HORACE WINFRED BEEK WHITE, AS TRUSTEE, FILED IN THE OFFICE OF THE ASSISTANT REGISTRAR OF THE LAND COURT OF HAWAII AS DOCUMENT NO. 370145 AND RECORDED IN THE BUREAU OF CONVEYANCES OF THE STATE OF HAWAII IN LIBER 5135, PAGE 522, AS SUPPLEMENTED; W. LAWRENCE CLAPP, SUCCESSOR TRUSTEE OF THE TRUST CREATED BY THE TRUST AGREEMENT DATED JUNE 30, 1965, MADE BY AND BETWEEN PAUL WHITNEY TROUSDALE, AS SETTLOR, AND HORACE WINFRED BEEK WHITE, AS TRUSTEE, FILED IN SAID OFFICE AS DOCUMENT NO. 378726 AND RECORDED IN SAID BUREAU IN LIBER 5135, PAGE 538, AS SUPPLEMENTED; W LAWRENCE CLAPP, ANCILLARY PERSONAL REPRESENTATIVES OF JOHN DABNEY MURCHISON, DECEASED, HAVING BEEN SO APPOINTED BY THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAII THROUGH PROBATE NO. 40353; WILLIS LAWRENCE CLAPP, AUTHORIZED AGENT AND ATTORNEY-IN-FACT FOR THE ESTATE OF CLINTON WILLIAMS MURCHISON, JR., UNDER THE SUPERVISION OF THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF TEXAS, DALLAS DIVISION, IN CASE NO. 385-30266-A-11; NORMA ELIZABETH BURNER; RAY FRANKLIN BURNER; ROSE LORRAINE FERGUSON; JOSEPH S.K. KEANE; MIRIAM M.K. KEANE; SAMSON P. LOW; VERONICA L. LOW; JANET SACHIKO TANAHARA; RUSSELL TAMIO TANAHARA; BLOSSOM DAISY TONG; VERNON RANDOLPH WAHILANI TONG; BARNABY S.K. YOU; ROBERTA M.H. YOU (HERBERT M.D. YOU AND DIANA M.Y. YOU, SELLERS UNDER AGREEMENT OF SALE); JOHN DOES 1-200; MARY DOES 1-200; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE "NON-PROFIT" CORPORATIONS 1-50; AND DOE ENTITIES 1-50, DEFENDANTS. </PartyHeader> |
| Court | Hawaii Supreme Court |
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