Beltran

This is a suit in equity to enjoin an-administrator from delivering certain property to defendant under a decree of distribution.

The trial court sustained a demurrer to the complaint without leave to amend, and discharged an order to show cause why- a preliminary injunction should not issue. The appeals are from such judgment and order.

Prom the record it appears that Juana Beltran de Marshall died testate on July 7, 1912, and that a decree was entered in her estate distributing the property to defendant Jose Maria Beltran, a nephew of deceased. This decree was entered January 5, 1916, and was subsequently affirmed on appeal. This action was brought to enjoin the administrator from delivering the property under the decree, and for judgment that J ose Maria Beltran holds the title thereto in trust for plaintiff.

By her complaint plaintiff alleges herself to be a niece of decedent, and recites that she is an illiterate single woman eighty-four years of age, and that she is a resident of the village of Cósala, in the Republic of Mexico, and that she never heard of or knew of the death of Juana Beltran de Marshall, or of the judgment for the distribution of her estate, until long…