O'Brien

The plaintiffs, P. J. O’Brien and Harold Costello (a minor, acting through his guardian ad litem), bring this suit for the purpose of having vacated and set aside a decree of the probate court of the county of Santa Clara distributing to Annie Reardon, in the matter of the estate of Annie Nelson, deceased, the real property described in the complaint. Annie Reardon, a daughter of said deceased, and C. 0. Nelson, the surviving husband, are made defendants; and it is charged that they “entered into a conspiracy by fraud and falsehood to capture the said property, and with the intent by fraud and falsehood to defraud the plaintiffs out of their lawful interest as heirs at law in the estate of Annie Nelson, deceased”; that to accomplish their ends they “alleged, asserted, and gave out that the whole of the property of Annie Nelson deceased was community property,” knowing such assertion to be untrue; that the defendant Nelson, claiming it to be community property while knowing that it was the separate property of his deceased wife, made a conveyance to his codefendant of his title and interest therein as surviving husband; that the latter, as administratrix of the estate, caused it to…