Stanley

This is an appeal from an order denying a motion for change of venue.

The complaint alleges that Lydia IT. Barney died on January 6, 1927, leaving no issue, and that no administration has been had upon her estate; that plaintiff is the grandson of decedent and an heir at law; that' defendants are granddaughters of decedent; that about a month prior to her death, decedent deeded certain real property in the city and county of San Francisco and the county of San Mateo to appellants herein; that at said time decedent was mentally incapable of transacting business; that the eonsidération recited in the deed was grossly inadequate; and that the execution of the deed was induced by the fraudulent acts and representations of defendants (which are particularly set forth). It is prayed that the deed be annulled, that defendants be ordered to surrender the same, and that plaintiff have such other relief as may be just in the premises.

Section 392 of the Code of Civil Procedure provides in part as follows:

It has been held that the foregoing section is very broad, and that it includes an action to declare a trust in real property. (Donohoe v. Rogers, 168 Cal. 700 [ 144 Pac. 958 ].) It has…