Parshall

This is an action to declare a trust in certain real and personal property and to compel a conveyance thereof to plaintiff. An accounting is also asked for. By a fourth amended complaint it is alleged in substance that plaintiff and defendant Mary T. Parshall intermarried in September, 1885, and ever since have been husband and wife; that defendant Leonora B. Parshall is the daughter of plaintiff and defendant Mary, she having been adopted by them in the 3rear 1888 when a child but a few months old; that defendant T. N. Pierce is a nephew of defendant Mary. That in the year 1894 one Harriet E. Car letón, the mother of plaintiff, died and left the sum of $13,547.70 in real and personal property to defendant Mary, but nevertheless in trust and upon the express understanding and agreement that she would hold the same, together with the rents, issues, and profits thereof, for plaintiff’s benefit and support during his lifetime, and that upon his death the funds remaining in her hands should be distributed by Mary to the heirs at law of plaintiff or those designated by him. That Mary entered into possession of the property and managed and controlled the same. That during the…