Sherriff

This ease comes here on an appeal taken from a judgment in part adverse to the defendant, and from an order made denying her motion for a new trial. The record contains a history of marital difficulties and differences. The cause of action set forth in the complaint was one in equity, the prayer being for judgment setting aside a deed given by the plaintiff to the defendant, and for general relief. In its recitation of alleged facts the complaint set forth that in May, 1911, plaintiff being a widower about sixty-nine years of age, and being possessed of an apartment house and other real property, engaged the defendant, a woman of about forty years, as a housekeeper; that a few months thereafter plaintiff and defendant were married; that prior to the marriage the defendant expressed great love and affection for the plaintiff, and that the plaintiff upon entering into an engagement of marriage with her, agreed to make a will in which hé would devise to the wife an undivided one-half “or community” interest in all of his property and estate; that this arrangement was satisfactory to the defendant, but that immediately after the marriage defendant ceased to show any affection for the…