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COOKE TR. CO. ETC. v. SUTTON ET AL.

No. 4124.

43 Haw. 243 (1959)

COOKE TRUST COMPANY, LIMITED, A HAWAII CORPORATION, SUCCESSOR TRUSTEE UNDER THE WILL AND OF THE ESTATE OF CAROLINE J. ROBINSON, DECEASED, ET AL. v. CHINN HO, ET AL., AND RICHARD C. SUTTON.

Supreme Court of Hawaii.

Decided May 7, 1959.

Attorney(s) appearing for the Case

Frank D. Gibson, Jr., (Henshaw, Conroy & Hamilton) for plaintiffs-appellees, for the motion.

Richard C. Sutton for himself, contra.

RICE, C.J., STAINBACK AND MARUMOTO, JJ.

Per Curiam.

Cooke Trust Company, Limited, Successor Trustee under the Will and of the Estate of Caroline J. Robinson, Deceased, and others, appellees, move to dismiss the appeal of Richard C. Sutton, appellant, from an order appointing commissioner, directing appraisal and sale, entered by the circuit judge on April 6, 1959, in a partition proceeding, on the ground that appellant failed to comply with rule 7(d) of the rules of this court and rule 73(a)

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