Bertelmann v. Lucas

OPINION OF THE COURT BY

BANKS, J.

Tliis is an action of ejectment. The lands involved are situate on the Island of Kauai. The case was tried by the circuit court, jury waived. Judgment was rendered' against the plaintiffs and in favor of the defendants and the former bring the case here on writ of error.

The common source of title is the last will and testament of Christian Henry Bertelmann, the father of- Frank C. Bertelmann, one of the plaintiffs. This will was executed o'n the 12th day of December, 1891, and the testator died on March 15, 1895. It appears from the will that at the time of its…