Tench

This action was brought to obtain a decree that the defendant held certain described real estate in trust for plaintiff and for a conveyance thereof. Plaintiff recovered judgment as prayed for, and defendant moved for a new trial, which motion was denied. In due time defendant appealed from the judgment and order to the supreme court. The appeals were subsequently, by order of the supreme court, transferred to this court for determination.

Respondent claims the premises in suit under a conveyance from John Tench, now deceased, to herself, while appellant claims the said premises under a conveyance from Temperance Tench, now deceased, who in her lifetime had received a conveyance of the premises from said John Tench. For the better understanding of the case it is proper to make a general statement as to some undisputed facts in the case.

On the thirty-first day of May, 1906, John Tench, then aged seventy-three, was, and for some time prior thereto had been, sick and a paralytic to such an extent as to be almost helpless and unable to walk or to attend to his personal wants, and so continued up to the time of his death, which occurred on the eighteenth day of July, 1907. His wife,…