Chard

The judgment from which the defendant Daniel F. O’Connell appeals was rendered in an action brought against him by his sister, for a share in money alleged to have been received by him in trust.

According to the allegations of the complaint the defendant received the sum of $28,000 from his mother, Mary J. O’Connell, in trust, to be held by him during the lifetime of his mother and thereafter to be divided between her five children. The trial court found that defendant received the money under an assignment made by Mrs. O’Connell of her interest in the estate of her deceased brother; that the defendant at the time the assignment was executed represented to his mother that he would hold the proceeds of the settlement in trust as alleged by the plaintiff and that he thereafter repudiated the trust.

There is no dispute concerning the facts in connection with the source of the money. The brother of Mrs. O’Connell died in California, leaving a will which was admitted to probate. Mrs. O’Connell had no property and prior to the death of her brother she was supported by him and the defendant. The defendant was one of five children. He, it seems to be conceded, was the only one of Mrs.…