Barry

The object of this action is to secure the specific enforcement of an alleged oral agreement entered into by and between George J. Garey, in his lifetime, and the plaintiff, by which, it is claimed, the first named agreed to will all his property to the plaintiff herein.

The court gave plaintiff judgment. Thereafter, a motion for a new trial was made and the same denied by the court. Prom the order denying said motion this appeal is taken.

The complaint alleges that the plaintiff and George J. Garey were brother and sister; that in the month of October, 1900, the plaintiff, who was then about seventy-three years of age, was, and had been for some years, a resident of Marysville, and at that time owned a small farm near that city, making her own living from the products of said farm; that she was living alone, and that, at the time we are speaking of, she was visited by her brother, George J. Garey, who was a bachelor, aged about sixty-three years, residing at Ash valley, in Lassen county, where he was engaged in the business of raising cattle and where he owned considerable property, both real and personal; that Garey was then in ill-health and declared to the plaintiff that “he…