Nielsen

An action against defendant as trustee under the last will and testament of B. Agnes Nielsen, deceased, to recover the sum of $2,359.26, alleged to have been had and received for the use of plaintiff, i The answer alleged that plaintiff was barred and estopped from maintaining the action by reason of two separate judgments entered in previous actions to which he was a party.

The trial court found in accordance with the allegations of the answer, and rendered judgment that plaintiff take nothing. From this judgment he has appealed.

On April 30, 1925, B. Agnes Nielsen, the wife of plaintiff, died, leaving a will in which she named defendant as executor, and by which she bequeathed all her estate, consisting of real property and certain personal property, part of which was money on deposit in the Oakland Bank and the Central Savings Bank of California, to defendant, as trustee upon certain trusts set forth in the will. On August 21, 1925, plaintiff filed an action, numbered 83,206, in the Superior Court of Alameda County, against defendant as executor, and the Central Savings Bank, to recover the amount upon deposit in the name of decedent. At the same time he brought an action,…