Kershaw

This appeal is from a judgment in the defendant’s favor in an action instituted by said plaintiff to have it adjudged that a certain deed executed and delivered by one Anna Gothea Nielsen to the defendant Martin Madsen on July 3, 1907, was given without consideration and in trust for certain purposes, and while a confidential relationship existed between the parties to such conveyance, from which facts an implied trust is alleged to have arisen which the plaintiff seeks to have enforced by the court in decreeing a conveyance of the premises described in said deed from the defendant to the plaintiff as the sole heir of the grantor in said deed. There are certain admitted facts shown in the record which may be recited in order to clarify the matters in dispute between the parties to this appeal.

In the year 1891, Hans Nielsen, the father of Anna Gothea Nielsen, being about to die, made a will devising to his said daughter, then a child of three years of age, his whole estate, consisting of forty acres of land in the county of Fresno, together with certain personal property of the value of about three thousand dollars. By the terms of said will he nominated his friend Martin Madsen…