Bertelmann

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 day of December, 1891, and the testator died on the 15th of March, 1895. He left surviving him three sons and six daughters. At the time of his death the property in question was under lease to the Kilauea Sugar Company for 25 years, beginning November 1, 1890, and ending November 1, 1915. By his will the income from the lease, amounting to $6,000 per annum, was bequeathed to the wife and children, $2,000 to his wife, and the remainder in equal portions to his children. The property here involved was devised as follows: “Third. At the expiration of the 25 year 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 and Christian…