Vragnizan

This is an action based on a claim presented against the estate of the decedent for approximately six thousand dollars, of which sum the plaintiff alleges she was defrauded in a settlement of property rights had between herself and the decedent during the pendency of a suit for divorce in which they were-the parties. Plaintiff obtained judgment, and the defendant appeals.

After the plaintiff and the decedent had been married and living together as husband and wife for a period of about thirty years, the decedent on September 11, 1908, culminated a long course of cruel treatment of the plaintiff by threatening to kill her and by driving her and their children from home. The next day, in anticipation of a divorce proceeding being brought against him by his wife, he withdrew from two savings banks, where he had on deposit community funds to the amount of ten thousand one hundred dollars, the sum of six thousand dollars, and placed the same in a safe deposit box which he rented that day. A few days thereafter the plaintiff commenced an action against decedent for divorce on the ground of extreme cruelty. In a counter-affidavit upon a motion for counsel fees, costs, and alimony, as…