Cardoza

The representative of the estate of said deceased prosecuted this action against the defendant for the purpose of obtaining a decree determining that certain property in possession of defendant belonged to the said estate. During his lifetime, said deceased established with the defendant, his niece, a joint tenancy with the right of survivorship in and to all his property. This joint estate existed for a long time and continued until his death. Defendant now possesses and claims the property as surviving joint tenant. Plaintiff’s complaint alleged that de fendant occupied a fiduciary relation towards her uncle because of the trust and confidence reposed by him in her; that she used her position as confidential advisor to practice fraud and undue influence upon her uncle and in that manner procured the creation of the joint tenancy. The trial court, sitting without a jury, found for the defendant and plaintiff appeals.

The findings are in great detail but are well summarized in the following excerpt: “The creation of said joint tenancy in said property was made by said decedent with full knowledge of the legal effect thereof and with the intent that the defendant would become…