George

During his lifetime John D. Daly, deceased, opened a savings account in the Daly City Bank. After his death the executors of his will commenced an action against the bank and Florence S. Daly, the surviving widow of the deceased, to recover the amount then on deposit together with interest. Mrs. Daly appeared and filed an answer and cross-complaint claiming the deposit as her own. The plaintiffs answered the cross-complaint and a trial was had before the court sitting without a jury. The trial court made findings in favor of the plaintiffs and from a judgment entered thereon Mrs. Daly has appealed and has brought up a bill of exceptions.

The appellant contended in the trial court, and now contends, that the facts show that the deposit was (1) a gift to her; and (2) a trust in her favor as the sole beneficiary. The pertinent evidence is brief and is uncontradicted.

Among other things Mrs. Daly testified that she and John D. Daly were married about 1919. At that time Mr. Daly was a widower, the owner of a considerable sized estate and about seventy-seven years of age. There were then living a son and four daughters, all adults, and the offspring of the first marriage. Mrs. Daly at…