King

The parties to this appeal united in submitting to the court below for construction the question of the intention of a testatrix, as expressed in certain provisions of her last will and testament. In that instrument she appointed King and Buttolph her executors, and made Buttolph and the Bishop Trust Company devisees of the remainder of her estate in trust for certain designated pui’poses. The court below heard and disposed of the controversy and placed a construction upon those provisions of the will which wore presented for interpretation. The executor Buttolph and the Bishop Trust Company axe content with the decision thus rendered, and said executor refused to join in the appeal.

The other executor, in appealing from the decision of the court below, assigns error to the construction given by that court to the following paragraph of the will: “I give and bequeath all other of my personal effects including books, pictures, household linen, china, glass and wearing apparel not herein otherwise mentioned or bequeathed specifically to my executors requesting them to distribute the same at their discretion to my friends.”'

It is argued that the court erred in adjudging that all…