Forster

This is an appeal by the defendant from a judgment rendered in favor of the plaintiff in an action to declare a trust. It is alleged in the complaint that the plaintiff is a daughter of Edith Dreblow Forster, and a stepdaughter of defendant Frank E. Forster; that her mother was married to defendant on the seventh day of September, 1928, and died in San Bernardino County on the seventh day of December, 1928, leaving an estate of real and personal property in that county; that on the thirteenth day of December, 1928, defendant filed his petition for letters of administration in which he named himself and plaintiff as heirs at law; that thereafter defendant was appointed administrator of the estate of Edith Dreblow Forster, and filed in the probate proceedings of said estate his verified inventory and appraisement showing that the value of the estate amounted to the sum of $18,831.37.

Defendant’s first contention is that the complaint does not state facts sufficient to constitute a cause of action. Paragraph six of the complaint reads as follows: “That on or about October 17th, 1928, said defendant entered into a parol agreement with said Edith Dreblow Forster, his then wife, and…