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In re Thomas H. Gentry Revocable Trust

Intermediate Court of Appeals of Hawai'i

October 22, 2014

In the Matter of the THOMAS H. GENTRY REVOCABLE TRUST

Editorial Note:

This decision is published in table format in the Pacific and Hawai'i reporter

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT. (TRUST NO. 02-1-0030).

On the briefs: Margery S. Bronster, Jae B. Park, (Bronster Hoshibata), for Petitioner-Appellant Kiana E. Gentry.

Carroll S. Taylor, (Law Office of Taylor, Leong & Chee) for Respondents-Appellees Mark L. Vorsatz and First Hawaiian Bank, and Alan T. Yoshitake, (Seyfarth Shaw), for Respondent-Appellee First Hawaiian Bank.

By: Foley, Presiding J., Fujise and Reifurth, JJ.

OPINION

MEMORANDUM OPINION

Petitioner-Appellant, Kiana E. Gentry (Kiana), appeals from the March 25, 2013 " Final Judgment Re: Order Denying Petitioner Kiana E. Gentry's Petition to Enforce Settlement Agreement and Appoint Receiver, Filed on August 26, 2010," (Final Judgment) filed in the Circuit Court of the First Circuit[1] (circuit court). The Final Judgment denied both Prayers for Relief found in Kiana's August 26, 2010 " Petition to Enforce Settlement Agreement and Appoint Receiver" (Petition to Enforce). Kiana's Petition to Enforce requested the circuit court (1) enforce Paragraphs 6 and 7 of a Sealed Settlement Agreement, ' dated December 21, 2007, and (2) appoint a neutral receiver to complete the Settlement Agreement.

On appeal, Kiana contends the circuit court erred when it (1) refused to enforce the Settlement Agreement; and (2) did not order an evidentiary hearing or trial after denying Kiana's Petition to Enforce.

I. BACKGROUND

Thomas H. Gentry (Gentry) died January 15, 1998.[2] At the time of Gentry's death, his assets were comprised of real estate, personal property, and interests in several corporations, partnerships and limited liability corporations involved in real estate development in both Hawai'i and California.

Kiana was Gentry's wife at the time of his death. She is a beneficiary of the Thomas H. Gentry Revocable Trust (Revocable Trust), created by Gentry, and the T.H.G Marital Trusts (Marital Trust), created by Gentry's son, Norman H. Gentry under Durable Power of Attorney. Respondents-Appellees Mark L. Vorsatz and First Hawaiian Bank (together, Co-Trustees) are the Trustees for the two trusts. Kiana objected to several of the Co-Trustees' " Petitions for Approval of Income and Principal Accounts for the Trusts" and challenged many other aspects of the trusts' accountings. Because of the disputes, the circuit court set all Revocable Trust matters and Marital Trust matters for trial commencing November 26, 2007. Shortly after the trial began, the parties agreed to mediate the dispute and eventually settled.

The Settlement Agreement at issue was made by and between (1) Mark L. Vorsatz, as Personal Representative of the Estate of Thomas H. Gentry, Co-Trustee of the Revocable Trust, and Co-Trustee of the Marital Trust; (2) First Hawaiian Bank as Co-Trustee of the Revocable Trust and Co-Trustee of the Marital Trust; and (3) beneficiaries of the Revocable Trust and Marital Trust: Kiana; Norman H. Gentry; Tania V. Gentry; Mark T. Gentry; Colin K. K. Goo as Guardian Ad Litem for Minor Beneficiaries of the Revocable Trust and Marital Trust; Scott A. Makuakane as Guardian Ad Litem for Unborn., Contingent Beneficiaries of the Revocable Trust and the Marital Trust; Minor Children.

On December 1, 2001, the circuit court held a hearing with the parties to discuss the terms of a settlement agreement.[3] On December 21, 2001, the parties executed a written Settlement Agreement that memorialized the terms discussed in the December 1, 2007 settlement hearing. Central to this appeal are terms found in Paragraph 6 and 7 of the Agreement that required the Co-Trustees to sell certain assets of the Trusts by June 10, 2010, 30 ...


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