Skellenger

The plaintiff has appealed from the judgment herein in favor of defendants.

Sophia R. Winslow, plaintiff’s mother, died May 1, 1919, leaving a last will and testament, executed September 28, 1914, by the terms of which she made disposition of her real and personal property. The will was duly admitted to probate and defendant Mary D. England, decedent’s daughter, was appointed executrix. Defendants Don and Robert Skellenger are sons of the plaintiff, both of whom were minors at the time of the trial. The plaintiff and all of the defendants are beneficiaries under the will. December 14, 1903, in the settlement of the estate of plaintiff’s aunt, Caroline E. Cogswell, there was distributed to him property of the value of about $85,000, consisting of stocks, bonds, and $10,598.89 in cash. Out of the property so distributed to him the plaintiff delivered to his mother property of the value of $20,000, consisting of money and bonds, which he alleges was “to be held and invested for said plaintiff in trust” for him under an agreement “wherein and whereby it was agreed that said Sophia R. Winslow would have a life estate in said moneys and said bonds and the income thereof and that upon…