Brownlee

While a member of said Veterans’ Home, at Tountville, in Napa County, the said John Murphy died intestate, on the thirtieth day of April, 1911. At the time of his death he owned and had on his person the sum of $912.12. Possession of this was taken by defendants and they refused upon demand to deliver the same or any part thereof to plaintiff. The action was therefore instituted by him, as administrator, to recover the money, upon the theory that it became and was a part of the assets of the estate of said decedent. Defendants, answering the complaint, admitted that they took and held and still hold possession of the money, but they attempted to justify by the following allegations: “The said Veterans’ Home of California is a state institution, created by and existing under that certain act of the legislature of the state of California, for the purpose and with the powers therein set forth, approved March 11, 1897, [Stats. 1897, p. 106].... That under and by virtue of, and in conformity with the provisions of the said act of the legislature, and under the by-laws, rules and regulations of said Veterans’ Home of California, duly passed, adopted and then in force, and in order to…