Bertelmann

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 of 25 years lease with the Kilauea Sugar Co. it is my sincere wish and will that my lands shall befall in equal shares and interest upon my three sons, Frank Charles, Henry Godfrey, Christian Sylvester Bertelmann or then surviving sons or son. Provided however that at such a time these my sons or son shall pay to each one of my daughters or surviving daughters the sum of five thousand dollars ($5,000.00). In ease one or two of my sons should be at that time, or within one year from that time unable to furnish, produce, or raise the necessary amount to pay to each one of my daughters or surviving daughters his share of the $5,000.00 per capita, the two'or the one of my sons will have a right to buy the whole of my land now leased to the K. S. Co. by…