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In re Estate of Baravalle

Intermediate Court of Appeals of Hawai'i

December 18, 2014

IN THE MATTER OF THE ESTATE OF EDWARD VON BARAVALLE also known as Edward
v.
Baravalle

Editorial Note:

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

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT. (PROBATE NO. 09-1-0664).

On the briefs:

 Junsuke Otsuka, (Otsuka & Associates), for Beneficiary-Appellant.

Kenn N. Kojima, for Beneficiaries-Appellees, RICHARD TAKESHI VON BARAVALLE and KARL KAZUTO VON BARAVALLE.

Fujise, Presiding Judge, Leonard and Reifurth, JJ.

SUMMARY DISPOSITION ORDER

Appellant-Beneficiary Kyoko Kouda a.k.a. Kyoko von Baravalle (Kouda) appeals from two judgments (collectively, March 16, 2012 Judgments) of the Circuit Court of the First Circuit sitting in Probate (Probate Court)[1]: (1) the March 16, 2012 Judgment on Order Denying Kouda's Cross-Petition to Set Aside (1) Order Granting in Part and Denying in Part Petition for Probate of Will and Appointment of Personal Representative or in the Alternative for Adjudication of Intestacy and Appointment of Personal Representative Filed March 25, 2010; and (2) Judgment on Order Granting in Part and Denying in Part Petition for Probate of Will and Appointment of Personal Representative or in the Alternative for Adjudication of Intestacy and Appointment of Personal Representative Filed March 25, 2010 (Judgment on Cross-Petition); and (2) the March 16, 2012 Judgment on Order Granting in Part and Denying in Part Petition for Instructions (Judgment re Instructions).

Kouda raises four points of error, asserting tat the Probate Court erred when it: (1) denied her Cross-Petition to Set Aside (1) Order Granting in Part and Denying in Part Petition for Probate of Will and Appointment of Personal Representative or in the Alternative for Adjudication of Intestacy and Appointment of Personal Representative Filed March 25, 2010; and (2) Judgment on Order Granting in Part and Denying in Part Petition for Probate of Will and Appointment of Personal Representative or in the Alternative for Adjudication of Intestacy and Appointment of Personal Representative Filed March 25, 2010 (Kouda's Cross-Petition);

(2) denied (in part) Personal Representative-Appellee Rodney Sato's (Sato's) Petition for Instructions, with respect to Sato's (renewed) request to admit the August 23, 1996 purported holographic will (Purported Will) of Decedent Edward von Baravalle (Baravalle) to probate as Baravalle's last will and testament (see March 16, 2012 Order Granting in Part and Denying in Part Petition for Instructions (Order re Instructions));

(3) denied Kouda's Cross-Petition " without considering the newly discovered heirs-at-law; " and

(4) appointed Sato as personal representative for Baravalle's estate (the Estate) " without considering the newly discovered heirs-at-law."

Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we resolve Kouda's points of error as follows:

In essence, Kouda's first three points of error challenge the Probate Court's refusal to set aside its earlier denial of Sato's request to admit the Purported Will to probate, which denial was set forth in the Probate Court's March 25, 2010 Order Granting in Part and Denying in Part Petition for Probate of Will and Appointment of Personal Representative or in the Alternative for Adjudication of Intestacy and Appointment of Personal ...


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