Morris

Action to establish a trust in real and personal property in favor of plaintiffs as heirs of Leo John Meyers, deceased, and for an accounting. The court found, among other things, that any purported interest of defendants in the properties was acquired by fraud and undue influence and was held in trust for decedent and his heirs. The judgment was that the properties are owned by the heirs of decedent and are subject to administration of his estate, and that the administrator of said estate recover $66,588.74 from defendants Anne H. Berman Meyers (the surviving wife of decedent) and Michael S. Berman (the son of Anne). Defendants appeal from the judgment.

Appellants contend', among other things, that the evidence does not support the findings above mentioned.

On August 19, 1939, Leo John Meyers married defendant Anne H. Berman Meyers. Leo had been married to Mollie Meyers. Two daughters, plaintiffs Florence Morris and Muriel Meyers, were born of that marriage. Leo and Mollie were divorced in 1928 and Mollie was given custody of Florence and Muriel. In 1932 Leo was given custody of Florence and Muriel and thereafter they resided with him. In 1935, when Florence married Nathan…