Willits
Willits v. Helmer
Opinion
lead Opinion
Richards, J.
This action was instituted during the lifetime of one M. L. Willits, now deceased, through his guardian ad litem to have it determined that the defendants held certain real property which, it was alleged, had been purchased with funds belonging to the plaintiff, to have a trust thereon declared in his favor, and to also obtain an accounting for certain other moneys and property alleged to have been received by certain of the defendants from said plaintiff under the circumstances set forth at length in the complaint.
' Shortly after the institution of the action M. L. Willits died, and the suit was continued in the name of the administrator of his estate.
Upon the trial of the cause the court made its findings and conclusions of law in the plaintiff’s favor, and judgment was accordingly rendered establishing such trust and directing such accounting. The defendant Bertha Helmer appeals.
The facts of the case briefly stated are these: The defendant Emma L. Helmer, daughter of the appellant herein, became acquainted with said M. L. Willits during the year 1911 at Clinton, Iowa, and in the month of November of that year the said M. L. Willits came with the Helmer family to San…