Platt

The plaintiff brought this action for the cancellation of a deed which she had executed to the defendant Harry 0. Platt, who will be referred to herein as the defendant and respondent, and also demanded judgment compelling him to reconvey the property described in the deed.

In -his original answer the defendant alleged that in September, 1918, Martha E. Platt, the mother of the parties, conveyed the property in suit to the plaintiff with the understanding and agreement that if the defendant, who was then in the navy of the United States, “died in the service . . . the plaintiff should have this property, but, that if this defendant lived, that the plaintiff would hold an undivided one-half interest in said property in trust for this answering defendant, and would convey the said interest to this answering defendant at such a time as he might desire to have his said share conveyed to him; . . . that thereafter and on or about November, 1919, the said Martha E. Platt died, and on or about December, 1919, the plaintiff placed the said deed of record; . . . that on or about March 27, 1925, this answering defendant was engaged in the business of brick contractor, and on or about such…