McMurray

This is an action on a claim against an estate, to recover money which it is alleged was fraudulently appropriated by the defendant’s testatrix.

On October 28, 1889, Margaret McMurray died. At that time and 'for many years prior thereto she and the plaintiff were husband and wife, living together as such. At the time of Margaret McMurray’s death the family consisted of the plaintiff, Kip McMurray, a son, and two daughters—Mrs. Eva F. Craig and Mrs. Carrie I. Barrows. Plaintiff was a contracting decorator, and he earned about $5,000 a year. It was his custom to make his wife a monthly allowance for the up-keep of the house and the support of the family. Out of this monthly payment Margaret McMurray, by doing nearly all the housework herself, was enabled to save “part of the allowance,” which was regarded, so one of the witnesses testified, as separate property of Margaret McMurray by both herself and her 'husband. In October, 1882, Eva F.' Craig rented in her own name a safe deposit box in San Francisco, to which she and her mother had exclusive access. On September 3, 1886, Margaret McMurray, with the knowledge of •the plaintiff, purchased a lot of land in Berkeley out of said…