Nielsen

The above action was brought by an incompetent, represented by his guardian, to recover the sum of l$3,097.69, alleged to have been received by defendant for the use of plaintiff.

The plaintiff was adjudged to be incompetent on December 6, 1927, and letters of guardianship of his estate issued. The complaint alleged that two amounts were received by defendant, namely, $2,847.69 on June 10, 1926, and $250 on July 7, 1926. Defendant, who is an attorney, denied the receipt of the first amount but admitted the receipt on that date of the sum of $939.72, and also the second amount, and alleged that both were paid by Nielsen and accepted for professional services rendered.

The evidence shows that plaintiff and his wife accumulated about $14,000 in cash and certain real property. Mrs. Nielsen died in May, 1925, and the above amount was then on deposit in her name in two Oakland banks, namely, the Oakland National Bank and the Central National Bank. The real property, which also stood in her name, was of the appraised value of $3,300. Some days before her death she executed a will, in which she claimed all the above to be her separate property, and bequeathed the whole to W. L. Emerson,…