Elliott

The facts of the ease are stated by respondent substantially as follows: On December 21, 1853, Ada M. Hudson and George Hudson were married in the city and county of San Francisco and lived together as husband and wife until she died, May 17, 1897. He died March 12, 1898. On June 24, 1898, F. A. Elliott was appointed administrator of the estate of said Ada M. Hudson, deceased, and on June 16, 1898, Charlotte K. Clark was appointed special administratrix of the estate of said George Hudson, deceased. This action of Elliott v. Clark was begun on June 16, 1899, and on May 17, 1904, a judgment was rendered for plaintiff decreeing that a trust existed, and that the defendant held the whole property for the plaintiff as the administrator of the said estate of Ada M. Hudson, deceased. An appeal from the judgment was taken to the supreme court. The cause was transferred to the district court of appeal for the first district for hearing, and the special administratrix having died during the appeal, the present defendant was substituted. On February 8, 1907, said court of appeal rendered its decision reversing the judgment of the lower court and directing that an order be made sustaining…