Harlan

Plaintiff by the judgment herein was determined to be the owner of one-half of the property of the estate of C. A. Willard, deceased. It was decreed that defendants held the same in trust for her benefit. Prom that judgment this appeal is taken.

In 1901 the plaintiff was employed as a waitress in a restaurant and was then twenty years of age. 0. A. Willard was then of the age of forty-one years. Prior to his acquaintanceship with the plaintiff he had been married and divorced and there were two children of that marriage, to wit, Edgar H. Willard and Dorothea Laura Blodgett, appellants here. According to a statement made by Willard to the plaintiff (as to the correctness of which no dispute is shown in the record), Willard’s first wife had remarried and Laura Blodgett, the daughter, had been adopted by her stepfather when about the age of ten years. After forming the acquaintance with the plaintiff, Willard began to pay particular attention to her and frequently took her to places of amusement. Sometimes a married sister of the plaintiff accompanied the two; at other times they went alone. About a month after the acquaintanceship began, Willard, according to the testimony of the…