Carter

This is a suit in equity to compel performance of a trust and distribution of a legacy.

Annie T. K. Parker Smart was the owner of valuable property, both real and personal, in the territory of Hawaii. On April 25, 1912, she executed a deed of trust whereby she conveyed to a trustee her entire estate, reserving, however, a monthly income during her lifetime. She died testate on November 17, 1914. Her will was duly admitted to probate in the circuit court of the First judicial circuit of the Territory of Hawaii. Provisions were made therein, upon certain conditions therein set forth, for the disposition of the estate at the termination of the said trust to designated beneficiaries, including Frederick S. Knight, her stepfather.

This suit was instituted by appellant testator Knight to establish his claim as one of the named legatees. Upon his death, his administrator, with will annexed, was substituted as complainant. The suit involves merely the construction of the language of the will of the testatrix. Both the circuit court and the Supreme Court of the Territory of Hawaii, 31 Haw. 535 , decided adversely to appellant’s contention.

The decree of the Supreme Court appealed from…