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

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, e. 190, is the Statute of Frauds.

Plaintiffs, husband and wife, on May 15, 1958 filed a complaint which, as amended on June 20, 1958, alleged that in May 1944, James W. Glover, deceased,…