Scott

This is an appeal from a judgment in favor of the plaintiff in an action brought by her guardian to compel the defendant to account for one-half of certain personal property consisting of cash in the sum of $450, and a stock of merchandise and the fixtures of a drug-store, which had been transferred to him by John B. Scott, the husband of plaintiff, a few days before Scott’s death.

Plaintiff and her deceased husband intermarried May 14, 1873, and continued to be husband and wife until the death of the former on February 18, 1920. Plaintiff is a patient in the state hospital for the insane at Stockton, California, and has been such for over thirty years. Prior to Scott’s death he transferred to the defendant the stock and fixtures of his drug-store and $450 in cash; he also conveyed to him certain real property, in consideration 'of which conveyance the defendant entered into an agreement in writing whereby he undertook to pay for the support and maintenance of the plaintiff herein “such amounts as from time to time may be fixed or required by the public authorities,” and to furnish her with necessary clothing. The court found that the money and personal property was community…