Hill

The plaintiff, Albert E. Hill, as administrator with the will annexed of the estate of Stivi Svicarevich, deceased, brought this action to recover from defendant John Badeljy the sum of $7,000, alleging that said money belonged to the estate of the above-named deceased.

The case was tried before the court without a jury and judgment was entered in favor of' the defendant. From this judgment plaintiff prosecutes this appeal.

Stivi Svicarevich, the deceased, will be hereafter referred to as “Steve.”

The facts are not in serious dispute and are briefly these: Steve immigrated to the United States from Jugo-Slavia some fifteen years before his death. Practically all this time was spent working in the gold mines of Amador County, California. He was a single man. In the latter part of June, 1927, he left Amador County and went to Oakland, California, preparatory to taking a trip to his native land. He stayed in Oakland thirty-five days, making his home with respondent John Badeljy, who was his second cousin. When he came to Oakland he had considerable stock of the Pacific Gas and Electric Company and also $3,377.01 in cash, which he had withdrawn from the Bank of Amador County. He…