The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1917-01-23

CHASE WITH MONEY BAGS
IN OCTOBER RECALLED.
Legal Battle Over Estate Valued
AT Quarter Of a Million Is
Expected To Begin

A leRul battle for the ownership Of
I<ilauea Plantation, Kauai, comprising |
some l5OO acres and valued at some
Tier OF million dollars, is predicated |
lin the hling, at the Office of the bureau
! Of cchysyanees last Friday Of three
The principal figures in the coming
legal light viii be i. l.. McCandless
and Charles Lucas, the latter the pres
emit pcsscssof Of Kilauea Plantation,
/ the former the would-be possessor.
The casus belli Is the old will, drawn
hv a priest, by which Christian Der.
lehman, who died about twenty'six
/ years ago, disposed Of his estate, con-
sisting Of the property that is now the
Kilauea Plantation.
The fling Of the papers Friday re.
calls the strange chase after Charles
Lucas about Honolulu on October 81,
last by Link MeCandless and Frank
g. Berfelnann, armed with a sack con.
Itninino 5000 in gold coin. II Ia
lupon their failure TO find Lucas, who
ldidn,t want to receive the $35,0O0,
y That the coming suit will, in part At
least, probably hinge. McCandless con
ItUUYI LuuI nc mpuc A<uOuo cE"f
Itehdefo Of the money within the
neanihg Of ne Common Law, and that
} therefore he 10 entitled to take over
Lueas' right to the original Bertel.
mann property.
) title Deeds, Filed
! The papers fled Friday consist Of Q
!. deed by Frank c. Bertelmann and wife
Ito T.. l.. McCandless Of four-ninths
q - q -. 7. II NAL nr
/ tights, rent, and so forth at Kalihi,
Koolau, Kauai another deed BY the
: IBertelmanns to John G. Lane of two.
q ninths interest in the property, and q
!. deed and agreement of Frank @. Der
|. lehman and wife with L. l.. McCand'
l. less and others Gre tender Of 100000
4 etc, and conveyance Of interests 4
lands. Ieaseholds, water rights rents
etc, Kalihi, etc. Koolau, Kauai, oeto
Under the viii, which has been be
fore the courts Of Hawaii many times
land which was finally interpreted b,
the Supreme Court many years ago
III Christian Bertelmann left his estate d
Il his widow and children The annua
= rental o. t60O0fa year was 10 be d.
lvided among them, the widow gettin,
y $4,000 year and the remaining $40Ol
N being divided among the children
There were three sons and six daugh
~ tiers. The will provided that at tn
4 expiration Of the twenty FIVE year leas
1s any Of the sons might acquire title !
IN the entire property by paying tn
~ other heirs $4,000 each. An Of IN
y children Of Christian Bertelmann. th
= -lder, are still alive, with the exceI
49,. - -. Ia.r,Lkn~ s.rkn Isol \. L.
a. minority. The lease expired Octobe
n therefore. the last day the option coul
be exercised
re- Lucas Brought In n
All Several years ago, however, Charl'
r. l Lucas, according to his claim, pu
~ | chased the equities Of all the childre
20 except the minor girl who had die
lind was IN full possession Of the PRO-
ns erty Lucas says he bought Fran
% Bertelmann, share at sheriff's auctiC
% sale.
y But Bertelmann, combining with M
'on Candless, claimed the right under Il
'n win, as one Of the children, mentione
op TO purchase the rights Of the SIEVE
other children by paying them $50
nc each. Just how McCandless enter'
In' into the affair at that time is not
cd. matter Of record, for the documen
dled Friday, by which Frank Bert,
vac man conveyed TO McCandless fou
p, ninths interest in the property, was n
o. executed until November 20, 19l
no nearly month after the spectacul
chase Of Lucas by Link McCandle
M and Frank .Bertelmann.
MY II was on that same date that Bert
me mann conveyed two-ninths intere
o. 10 John Q, Lane. Incidentally, thou
goI this does not appear in the documer
yer iled for record, Y Is said that Lane
ely -eality purchased but one.ninth int,
pN sst the other ninth conveyed to h
icing in reality bought by Noa ALI
~ When Lucas could not be found,
ara October 81 last, McCandless and b
va elmann resorted to a tender of pa
yer nent in accordance with the provisio
foil II the Common Law, il being claim
ing hat there is in the Hawaiian statuI
no provision defining legal tender
on In accordance with the quaint pro
lions of the Common Law Bertelma
. SIS md McCandless, on the law day I
~ payment, made ''diligent Search |
'nr' Lucas throughout the day and tn
leo when Lucas could not be found, W,
ut, to his place Of residence-two Of tn,
wa IL faet--and in a loud tone Of yo
ing made tender Of payment in coin Z
the close Of the day as the sun
~ setting in the west,
ntn 1t remains for thu courts to deci
w. among other knotty questions that '
llnR undoubtedly come up during the c
ves, test for the valuable property, whet
noer or not legal tender Of payment \
No.. actually made through observance
the ancient rite. 4
lIXl No action against Lucas has
49,. been fled, but II is to be taken
granted that IL will be brought
'to- that the fling Of the deeds and agl
OF ment last Friday was but the first $
By in what promises 10 be a cause eele
uis IN the annals Of Hawaiian ju
prudence, Il u