Cruickshank

The plaintiff appeals from a judgment in a suit to' have it determined that a remainder dependent on a life estate in Sarah Arnold, deceased, he annulled.

In the complaint the original plaintiff, Sarah Arnold, set up three causes of action. Her death occurred after the trial and the appellant as the executor of her will was substituted as plaintiff. The facts beyond dispute are that the plaintiff was an elderly and sick woman, but of undiminished mental ability. She was the aunt of Arnold Vogh and had lived with him, or he with her, until he was about thirteen years of age. He also was sick. He had married the principal defendant. Mrs. Arnold had come to California from Mississippi and was living with the Voghs. They treated her kindly and took care, of her. She paid the grocery bills. Vogh was employed in a mill and his health was failing. Mrs. Arnold was advised to go to the mountains and the Voghs accompanied her. She purchased for four thousand five hundred dollars the property in suit, causing the deed to be made to her as the life tenant, with remainder over to Vogh. She purchased lumber for two small dwellings which Vogh had practically completed, when a short- time after…