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MATTER OF TRUST CREATED BY DECLARATION OF TRUST OF DEAN

No. 4252.

47 Haw. 304 (1963)

387 P.2d 218

IN THE MATTER OF THE TRUST CREATED BY DECLARATION OF TRUST OF WILLIAM McBURNEY DEAN, DATED NOVEMBER 14, 1944, AND SUBSEQUENTLY AMENDED.

Supreme Court of Hawaii.

December 3, 1963.

Attorney(s) appearing for the Case

Masaji Marumoto (Ton Seek Pai on the brief) for appellants.

Herbert Y.C. Choy (Fong, Miho, Choy & Robinson of counsel) for appellees.

TSUKIYAMA, C.J., CASSIDY, WIRTZ AND LEWIS, JJ., AND CIRCUIT JUDGE JAMIESON, IN PLACE OF MIZUHA, J., DISQUALIFIED.

OPINION OF THE COURT BY LEWIS, J.

We are confronted with a jurisdictional question. Notice of appeal was prematurely filed on May 16, 1961. Though judgment was entered on May 3, 1961, a timely "Motion to Amend and Supplement Findings of Fact and Conclusions of Law and Motion for New Trial" was filed on May 8, 1961. This tolled the time for appeal until entry on May 20, 1961 of the order partially granting the motion to amend and denying a new trial. Madden...

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