Rundell

This is an appeal from a judgment entered against plaintiff after general demurrer was sustained to his complaint, without leave to amend.

The only question to consider is the sufficiency of the complaint to state a cause of action. The parties to the appeal are the plaintiff and the defendant McDonald as administrator and in person.

The complaint alleges the following: On the 20th of February, 1912, plaintiff was the owner of a house and lot in Santa Barbara, California, of the value of three thousand dollars; on or about that date he entered into an agreement with Mary Ann Rundell, his aunt—who was also his stepmother, the widow of his father—whereby he agreed to convey this house and lot to her in consideration of an agreement on her part that she “would devise by her last will and testament said parcel of land to plaintiff free of any and all conditions and encumbrances on her death.” Pursuant to said agreement, and without other consideration, the plaintiff did thereupon grant and transfer the premises to the said Mary Ann Rundell by a deed, a copy of which is attached to the complaint; on the seventh day of May, 1914, said Mary Ann Rundell, in pursuance of said agreement…