Martin

This is an action to establish a trust in real property. Judgment went for defendants, and this appeal is taken therefrom.

Some forty years ago F. R. Diaz purchased several acres /of land near Hayward, Alameda County. He planted some fruit-trees thereon, erected a dwelling, and continued to live there until his death on December 11, 1919. He had two children, Marianna Martin, plaintiff herein, and Jos. T. Diaz, one of the defendants, who survived him and were his sole heirs at law. When the son became twenty years of age, he worked in the nursery owned 'by his father. The latter took all his wages, and the son took care of him. In 1903 the son married, but continued to live at the family home. The daughter married, and went elsewhere to live. Her relations with her father were always pleasant, and he visited her at San Jose, and she visited him at Hayward.

On October 26, 1912, the father executed a deed to the home place to his son. The consideration was $10. A life estate, together with all rents and profits, were reserved to the grantor. As related by the son, the circumstances surrounding the delivery of this deed were as follows: “My father gave me this deed about two months…