The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-07-30
ALI. ARE
SATISFIED.
BertIeman Will Is
Construed by
Court.
CHILDREN ARE
TO SHARE EQUALLY
Supreme Court A6iourns for Term
After Completing Lots
of Work.

A decision which is satisfactory TO all
the parties In the suit, is the novel sit
uatIon in the, construction Of the Ber-
tieman will made yesterday by the Su-
preme Court Both Brooks and Davis
the attorneys in the case. say that the
decision is satisfactory.
The court holds that all the children
are to share equally, daughters as well
as sons, and that the will merely gives
the sons the privilege of obtaining all
the lands upon condition that they
compensate the others for what they
would otherwise have in the land. A
dissenting opinion is written by Justice
Perry. The opinion OF the court Is
written by Chief Justice Frear. and the
syllabus follows:
A testator devised certain land. which
was subject to q 25-year lease at a
rental of $4,000 year, to his wife, three
sons and six daughters, as follows: ID
To his wife life estate of $1,000 or, in
case of change in the lease, ore-third
the net income, and in case of her
death, said $4,000 a year or one-third to
be equally divided among all his chill
dren or surviving children, and to each
of the children or surviving children,
an equal share of the remaining $4,000
or two-thirds of the income. Cd
(3) At the expiration of the lease, to
his sons or then surviving sons or son,
the land. provided such sons or son
should then pay $4,000 to each of the
daughters or surviving daughters, but
in case one or two of the sons should
be unable to pay such amounts within
year from that time, the other son or
sons to have the right to buy the whole
by paying (a) to each daughter or sur
viving daughter $4,000, OBJ to the short-
coming son or sons each $4,000. and that
by doing SO the sons or son will enter
into full possession. and their or his
right and title be undisputablek provid-
ed they comply with the said condi-
tions, and (c) to the wife, life rent OF
$4,000 a year. to be a charge on the es-
tate. a. Should none of the sons be
able to pay these amounts, then the
land to be sold or leased again accord
ing to the best interests of the family
the proceeds to be equally divided
among the children or their lawful
heirs and assigns, after the distributive
share of dover Is given to the wife.
The wife and all the children survived
the testator. Held:
The widow took a life estate in one
third the land. subject to be Invested
upon the performance of the conditions
prescribed in the third item. in which
case she would thereafter have a fixed
sum OF $3.50 a year, which would be a
charge on the land.
The children took, subject 90 the
Widows interest, equal estate until the
expiration OF the lease, with vested
remainders in fee, the former merging
in the later. SO as to make present
vested estates in fee, defeasible as to
the interests of the daughters and
shortcoming son or sons upon the per-
Torrance of the prescribed conditions
by the other or sons, the sons
meanwhile having contingent execu-
tory devises as to such interests. 4
COURT ADJOURNS SINE DIE. 4
After the Davis squabble yesterday
morning the Supreme Court adjourned
for the term. Chief Justice Frear an
nounced the satisfaction of the court
with the work of the term, saying that
so per cent more cases had been dis
posed of during the ten months of the
term than in any year before this one.
This he attributed to the fact that the
members of the court We're able to sit,
without requiring. substitutes by rea-
son of absence or disqualification. and
also to the nav order by which con-
tinuous terms may be held, twice a
year. The court will meet again in
October.