O'Shea

The actions in which these two appeals were taken were by stipulation of the parties tried and submitted upon the same evidence, and the determinative principles of law applicable to each are the same. The facts are also substantially similar and are as follows: Mrs. Helen O’Shea was the stepmother of the plaintiff and appellant, Irvine T. 0 ’Shea. She was an elderly woman and was possessed of the sum approximately of twenty thousand dollars, which she had derived from a settlement with her stepchildren as to her interest in the estate of her deceased husband, Jeremiah O’Shea. This money she had been keeping on deposit, in her own name in two San Francisco banks —the Mission Savings Bank, where she had on deposit five thousand dollars of said sum, and the San Francisco Savings & Loan Society, where she had on deposit fifteen thousand dollars of said sum. On November 16, 1917, Mrs. O’Shea, while at the home of the appellant herein, had an acute attack of illness which rendered her unconscious, and while in said unconscious condition she was removed to St. Luke’s Hospital, where she died three days later. On the morning of November 17, 1917, she had so far recovered consciousness as…