McCarthy

This action was commenced on February 4, 1924, by Eugene McCarthy as executor of the last will and testament of Harriet McCarthy, deceased,, against Reginald MeColgan for the enforcement of an alleged trust in certain real property in the city of San Francisco upon which is situated a hotel. Eugene McCarthy is a son of the deceased. Subsequently the other children of the latter, namely, William N. McCarthy and Elizabeth Renstrom, filed their complaint in intervention, and Adelaide MeColgan, as administratrix with the will annexed of the estate of Daniel A. MeColgan, deceased, was also brought in as a party defendant to the action.

Previous to April 2, 1915, the record title to the property stood in the name of Harriet McCarthy, deceased. On that date she conveyed the same to the Harriet McCarthy Investment Company, a California corporation, all the stock of which she owned. In 1917 the property was subject to three encumbrances, namely, a mortgage to Hibernia Savings and Loan Society (hereinafter referred to as the bank), . the amount of which, with other charges, aggregated approximately $100,000; a deed of trust, securing the payment of a note for $8,900 and interest, to M. J.…