O'Donnell

This is an appeal hy plaintiffs from an order denying their motion for a new trial. -

This action was brought hy the next of Mn and heirs at law of Honora Sharp, deceased, for the purpose of obtaining a decree of the superior court .that certain bequests made by said Honora Sharp, deceased, in her last will and testament, are held by respondents in trust for appellants.

The action as brought involved a bequest of $200,000 to Adolph B. Spreekels and Reuben H. Lloyd, a bequest of $25,000 to the King’s Daughters’ Home for Incurables, and one of $25,000 to the Society for the Prevention of Cruelty to Animals, but the action was dismissed as to the two latter named legatees, and the action as tried involved only the bequest of $200,000 given to Spreekels and Lloyd.

By the first paragraph of the will of Honora Sharp, she appointed Samuel G. Murphy sole executor thereof.

The second paragraph is as follows:

By the third and fourth paragraphs of her will she gave to the King’s Daughters’ Home $50,000, and to the Salvation Army $25,000. The bequest to the King’s Daughters’ Home, was subsequently in a codicil cut to $25,000.

By the fifth and sixth paragraphs she gave to certain named…