BERTELMANN v. LUCAS

No. 5612.

31 F.2d 641 (1929)

BERTELMANN et al. v. LUCAS et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 6, 1929.


Attorney(s) appearing for the Case

Smith, Wild & Hoppe, Arthur G. Smith, Urban E. Wild, Arthur S. Hoppe, Heen & Godbold, William H. Heen, and Norman D. Godbold, all of Honolulu, Hawaii, for appellants.

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

Prosser, Anderson & Marx, Mason F. Prosser, Robbins B. Anderson, Benjamin L. Marx, and Heaton L. Wrenn, all of Honolulu, Hawaii, for appellee Kilauea Sugar Co.

E. A. Mott-Smith, of Honolulu, Hawaii, for appellees Scott and others.

Before RUDKIN and DIETRICH, Circuit Judges, and BEAN, District Judge.


BEAN, District Judge.

This is an action of ejectment commenced in a circuit court of the territory of Hawaii, resulting in a judgment for the defendants. An appeal was taken to the Supreme Court of the territory, and the judgment affirmed, and hence this appeal.

The common source of title to the property in controversy is the last will and testament of Christian H. Bertelmann, the father of the appellant Frank C. Bertelmann. The will was executed on the 12th...

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