Norton

The plaintiff, as administratrix, brought this action to recover from the defendants, whó are husband and wife, the sum of $1,000, claimed to be the property of the estate of Reuben D. Norton, deceased. The defendants alleged, and the court found, that the defendant Ellen Norton took said sum pursuant to the terms of a trust to care for Reuben D. Norton until his death/ make certain expenditures in his behalf, and retain the remainder to her own use and benefit. Judgment was accordingly entered for the defendants. The plaintiff thereupon made a motion to vacate and set aside the judgment, and for judgment for the plaintiff, which was denied. This appeal is from the order denying the motion.

We see no merit in the appeal. On or about July 12, 1917, Reuben Norton, then being in feeble health, entered into an agreement with his brother William Norton, that if William would take care of him while he lived, Reuben would turn over to him the sum of $1,000, it being agreed that William should pay to Mr. Meyer, a minister, the sum of $100, and should pay such expenses as might be incurred in the care of Rueben, and, upon his death, should discharge his funeral bill, and that William…