Ellis
Ellis v. Funk
Opinion
lead Opinion
Shaw, J.
This is an appeal from a judgment entered upon the granting of defendants’ motion for a nonsuit made at the close of plaintiff’s evidence.
Plaintiff is an heir of one George W. Ellis, deceased, and brought this action on behalf of himself and a number of coheirs to have certain transfers of real and personal property made by Ellis to defendants, who were nephews of deceased, set aside and annulled. Shortly after the death of George W. Ellis, defendant Funk wrote a letter to the plaintiff wherein he stated: “I will give you a statement of how Uncle George left his affairs. He left 5 acres of land on the west slope of Signal Hill with about 200 lemon trees on it. He left no will, but deeded his property to me and John IT. Ellis of Riverside, and also gave us a bill of sale for all his personal property, and we have to settle all his indebtedness, which will be between $3,000 and $4,000. He gave me $1,000 and the personal, which amounted to $250, for what time I was with him, and requested us to give Nana Sanders $500 and to Mabel Coulter Warren $500 and to Ewena Belshaw $200, and to Lizzie, my wife, $500; and what was left John Ellis and me were to divide equal between us. Those…