2020 Hawaii Revised Statutes
Title 28. Property
517. Disposition of Trust Real Property
517-2 Construction of wills and trust instruments.
§517-2 Construction of wills and trust instruments. Whenever any will or trust instrument contains any provision restraining the free alienation of land or limiting the term of leases to the duration of the trust or to a term of less than fifty-five years and any such provision comes before the court for construction, all doubts shall be resolved against any such restraint or limitation, and doubts as to the existence of a power of sale or power to lease beyond the term of the trust shall be resolved in favor of the existence of such power. In all cases every will or trust instrument now in existence or hereinafter executed shall be construed in harmony with the public policy declared by this chapter. [L 1957, c 13, §3; Supp, §345A-3; HRS §517-2]
