Sullivan

All of the parties to this action are children of John J. Sullivan, Sr., deceased, except James A. MacMonnies, who is the husband of defendant, Grace E. MacMonnies, and for that reason is made a party. Defendants John J. Sullivan and Grace MaeMon- . nies were made parties because of their refusal to join plaintiffs in the action. James Sullivan, whose name frequently appears in the proceedings, was also a child of said John J. Sullivan, deceased, but died unmarried, without issue and intestate. The parties to the action, including James, deceased, comprised the entire family of children of said John J. Sullivan and Elizabeth M. Sullivan, his wife. The latter died on the tenth day of April, 1904, and her husband remained a widower thereafter.

The record title of the property in suit was conveyed to Emma Gertrude Sullivan by her - father, John J. Sullivan, by deeds of conveyance, as will hereafter appear. The deed upon which plaintiffs rely to establish a trust relation, with Emma as trustee for the other children, is dated June 20, 1904. It conveys, upon its face, the title to her absolute.

The purpose of plaintiffs by this action, first, w'as to establish a trusteeship in Emma,…