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MOSSMAN v. HAW'N TR. CO., LIMITED

No. 4116.

45 Haw. 1 (1961)

361 P.2d 374

STERLING E. MOSSMAN AND VIRGINIA E. MOSSMAN v. HAWAIIAN TRUST COMPANY, LIMITED, A HAWAII CORPORATION, EXECUTOR UNDER THE WILL OF JAMES W. GLOVER, DECEASED.

Supreme Court of Hawaii.

March 23, 1961.

Attorney(s) appearing for the Case

C.A. Gregory, J. Russell Cades, and P.L. Rother (Smith, Wild, Beebe & Cades on the briefs) for appellant.

Patrick F. Tuohy for appellees.

TSUKIYAMA, C.J., CASSIDY, WIRTZ, AND LEWIS, JJ., AND CIRCUIT JUDGE CROCKETT ASSIGNED BY REASON OF VACANCY.

OPINION OF THE COURT BY LEWIS, J.

This interlocutory appeal was allowed from an order of January 19, 1959, denying defendant's motion for summary judgment filed December 3, 1958. The motion sought judgment "under the provisions of Section 317-23, Revised Laws of Hawaii 1955, and also under the provisions of Chapter 190, Revised Laws of Hawaii 1955." R.L.H. 1955, § 317-23, is the nonclaim statute, and R.L.H. 1955, c. 190, is the Statute of Frauds.

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