Nicoll

The action was one to have a trust declared in certain premises described in the complaint, it being alleged in such complaint that plaintiff was the widow of John E. Nicoll, deceased; that in 1904 the defendants, minors, were the owners of the premises described, and at that time John E. Nicoll was their guardian; that said guardian effected an arrangement with one Frank P. Nicoll through which the guardian was to procure an order and confirmation of the sale of the wards’ property to Frank P. Nicoll, upon the consummation of which said Frank P. Nicoll was to reconvey the premises to the guardian upon repayment of the amount of money expended by him in such purchase; that this arrangement was carried out. It is alleged that in order to raise the money with which to carry out the agreement plaintiff advanced of her own separate estate the sum of $258 with which to pay off a street assessment, a lien against said premises, and the further sum of three hundred dollars to reimburse Frank P. Nicoll for the amount of money expended by him in cash in the original purchase; that this money was advanced and paid by plaintiff to her husband under an arrangement and agreement that when he…