Roncelli

pro tern.—The appeal is from the judgment rendered in favor of the defendants as administrators of the estate of John F. Fugazi, deceased. It is claimed by the appellant, who is the administratrix with the will annexed of the estate of Frank Roneelli, deceased, that the judgment should be reversed and the cause remanded for a new trial for two reasons: (1) That the trial court erred in refusing to allow the said administratrix to testify as to matters of fact occurring during the lifetime of John F. Fugazi, deceased; and (2) that the evidence is insufficient to sustain certain of the findings of the trial court.

The allegations of the cgmplaint, briefly stated, are to the effect that on or about the first day of July, 1903, Frank Roneelli, since deceased, placed in the hands of John F. Fugazi, also now deceased, the sum of eighteen thousand dollars, to be held in trust by the said Fugazi for the use and benefit of said Roneelli, and that said Fugazi promised and agreed to hold the said money so deposited with him in trust and to pay the said Roneelli not less than four per cent per annum interest on the said money, and to hold the said interest and the said principal in trust for…