Estate of Cheda

This is an appeal from an order of the trial court directing said executors to carry into execution the terms of a written contract entered into by said S. H. Cheda in his lifetime with said Elenore A. Cheda. The facts of the controversy are numerous, but in the main they are established by evidence that is free from contradiction.

More than twenty years ago S. H. Cheda organized the Marin County Bank and the Marin County Savings Bank. The two institutions have been affiliated ever since their organization and have been conducted in the same place of business and under the same management. S. H. Cheda had been for many years the president and active manager of both banks.

A few years after the organization of the banks S. H. Cheda gave to his brother, said Y. J. B. Cheda, 95 shares of the capital stock in each of said two banks. Y. J. B. Cheda held and owned this stock for more than fifteen years and up to October 30, 1916. On this date he was indebted to said S. H. Cheda on a promissory note in the sum of $19,000 and in addition thereto the latter claimed a balance as due to him from said Y. J. B. Cheda of $6,650, alleged to be due on account of certain losses incurred in a…