Reagh

Plaintiff, as administrator of the estate of Bessie Muller, deceased, appeals from a judgment in favor of defendants in cross-actions to quiet title in which it was adjudicated that plaintiff had no right, title, or interest in the real property which was the subject of said actions; that defendant Lucinda Kelley (hereinafter referred to as “Kelley”) held title to said real property as trustee under a valid trust, and that defendant William Muller (hereinafter referred to as “Muller”) had a right, title and interest as a beneficiary of said trust. This appeal comes to us on a settled statement pursuant to rule 7 of the California Rules of Court and two exhibits, to wit, plaintiff’s exhibit 3 and defendants’ exhibit M.

The Facts

Bessie Muller (hereinafter referred to as “decedent”), mother of Muller, died intestate on June 14, 1956. On October 21, 1963, plaintiff was appointed administrator of her estate. Muller is her sole surviving heir. A document entitled “Declaration of Trust” (exhibit M) (hereinafter referred to as the “Declaration”) was drafted by Muller, signed by Muller and Kelley, and, a few days before June 1, 1956, was delivered by Muller and Kelley to…