Whitney

This action is one for damages for the alleged conversion of property claimed to have belonged to the estate of Julia Stebbins. The record contains a stipulation as to facts from which it appears that on August 4, 1915, the deceased executed a conveyance to M. M. Crookshank and E. M. Nealley, as -trustees, and to Harry 0. Stebbins and Charles S. Stebbins and the First Congregational Church of Santa Ana. She died on the 8th of March, 1918; that Helen F. Whitney was duly appointed and qualified as administratrix of the estate of Julia Stebbins and maintains this action in that capacity. It is further stipulated that the trustees received the instrument and the property conveyed immediately upon the execution of the conveyance; that Crookshank died in 1916, and Nealley thereafter continued as trustee alone; that upon the death of Julia Stebbins, at the request of Harry 0. Stebbins, Charles S. Stebbins, and the First Congregational Church of Santa Ana, Nealley sold the trust property then in his hands and paid the proceeds of the sale to the parties last named.

The instrument which we are called upon to consider clearly created a trust in Nealley and Crookshank and constituted a…