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BERTELMANN v. LUCAS

No. 4481.

7 F.2d 325 (1925)

BERTELMANN v. LUCAS et al.

Circuit Court of Appeals, Ninth Circuit.

August 3, 1925.

Attorney(s) appearing for the Case

Howard Hathaway and Norman D. Godbold, both of Honolulu, Hawaii, for appellant.

Robertson & Castle and A. G. M. Robertson, all of Honolulu, Hawaii, for appellees Mary N. Lucas and Charles Lucas.

Frear, Prosser, Anderson & Marx and W. F. Frear, all of Honolulu, Hawaii, and Edward Hohfeld, of San Francisco, Cal., for appellee Kilauea Sugar Plantation Co.

Arthur G. Smith and Urban E. Wild, both of Honolulu, Hawaii, for appellee McCandless.

E. A. Mott-Smith, of Honolulu, Hawaii, for appellees Janet M. Scott, Rubena F. Scott, and Bishop Trust Co., Limited.

Noa W. Aluli, of Honolulu, Hawaii, for appellee Lane and in pro. per.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

RUDKIN, Circuit Judge.

On March 15, 1895, Christian Bertelmann died testate, leaving a widow, three sons, and six daughters surviving him. At the time of his death, Bertelmann was seised of the land now in controversy, subject to a lease for the term of 25 years to the Kilauea Sugar Company, commencing November 1, 1890, and ending November 1, 1915. The only provisions of the will material to our present inquiry are the following:

"Third: At the expiration...

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