Young

In these actions the plaintiff, as the executor of the last will of said William D. Young, deceased, sought to enforce a trust on certain personal property consisting of stocks and bonds alleged by the plaintiff to have been fraudulently and wrongfully taken by the said defendants, thereby depriving the estate of the said personal property. The defendants answered denying these allegations and alleging that Emily B. Young, the surviving wife of the decedent and one of the defendants herein, became the owner and legal possessor of these stocks and bonds and that in regard to them she had done nothing wrongfully or fraudulently. The two actions were consolidated for trial by order of the trial court, and were tried together; and the trial court, finding in favor of the defendants, entered judgments accordingly. A new trial was denied by the court in each ease. 'The plaintiff has appealed from each judgment, and by stipulation of the parties the two appeals have been consolidated and have been heard as one.

William D. Young died on November 14, 1928, at the age of sixty-nine years. For two days prior to his death he had been in a state of coma, and for some months prior to his death…