Fox

This is an appeal from a judgment in favor of the defendants in an action instituted by the plaintiffs as heirs, and by one of them as the administratrix of the estate, of Emily M. Merryfield, deceased, to" enforce" a certain forfeiture clause in a deed made by said Emily M. Merryfield in her lifetime to the defendant, California Fruit Company. The record shows as an undisputed fact that for some years prior to January, 1907, Mrs. Emily M. Merryfield, a widow with five sons and two daughters, had been the owner and in possession of several pieces of property in the county of San Bernardino which were largely planted to orange trees and were quite valuable. She was on the above date about sixty-four years of age, and was somewhat infirm in general health and was gradu ally becoming blind. She concluded to convey her said properties to her five sons upon certain conditions subsequent, in order to which conveyance and to carry out its conditions the five sons concluded to organize a corporation, to be known as California Fruit Company, to be composed exclusively of themselves as stockholders., directors, and officers. This they did, and thereupon said several properties were deeded…