Ferguson

The trial court granted a motion made by the defendants changing the place of trial of the above-entitled action from San Francisco to Santa Clara County. The plaintiff has appealed. The correctness of the ruling made by the trial court depends upon a consid eration of a number of dates. The plaintiff’s intestate was, during her lifetime, the owner and in possession of (1) lawful money of the United States in the sum of $11,195; (2) jewelry amounting to the value of $3,500, and (3) a large number of oil paintings.

On the twenty-third day of July, 1920, May Ferguson died. Commencing as early as June, 1920, her daughter, Alice L. Koerber, one of the defendants, commenced to claim title to some of the above properties. As the agent of his wife William L. Koerber commenced to assist her. The paintings above mentioned were and had been at the time of the death of May Ferguson in the possession of Howard Le Fort and C. Lepori, residents of San Francisco, who had the paintings in the Justice Cafe at 646 Washington Street, San Francisco. Shortly after the death of May Ferguson, William J. Ferguson, her surviving husband, was appointed administrator of the estate of his deceased wife.…