Reilly

This is an action by James Reilly, as executor of the estate of Mary E. Reilly, deceased, to recover from the defendant, Annie Filben, the sum of $3,882.98, alleged to be due from the defendant for money had and received by her for the use and benefit of said estate. The court found in favor of the defendant and from the judgment entered in conformity therewith the plaintiff has appealed. In support of the appeal it is claimed that the evidence is insufficient to justify the findings of the court.

[1] The rule of law is well settled that where there is substantial evidence to sustain the findings of the trial court, said findings may not be disturbed on appeal. (Stein berger v. Young, 175 Cal. 81 [ 165 Pac. 432 ].) We are of the opinion that the following evidence sustains the findings of-the court, and these, in turn, support the judgment :

Annie Filben testified in substance that she is the surviving sister of said Mary E. Reilly and that James Reilly, the executor of her sister’s estate is her brother; that her said sister died January 25, 1928; that on August 16, 1925, she became a member of her sister’s household, and, until the death ol the latter, had full charge of the…