Walsh

The defendants have appealed from a judgment in favor of the plaintiff on the grounds that the pleadings do not support the judgment, the complaint does not state a cause of action, the evidence does not support the findings and the findings do not support the conclusions of law and the judgment.

The material allegations of the complaint are that, on or about April 26, 1931, Mabel Lola Majors died testate, in the county of Monterey, leaving an estate consisting of real and personal property, a copy of the will being annexed to the complaint and the probate proceedings being incorporated by reference; that, on or about May 25, 1931, defendant Thomas Butler was appointed executor of the estate of Mabel Lola M.ajors and so qualified; that Edith Walsh, the plaintiff, is the sister of Mabel Lola Majors; that by the terms of the will certain described real property, located on Van Ness Avenue in the city of Watsonville in Santa Cruz County, was directed to be sold and a sum equal to one-half the proceeds was bequeathed to the plaintiff; that the defendants (Butler and Joseph A. Majors, the surviving husband of Mabel Lola Majors) falsely and fraudulently represented to the plaintiff…