Purdy

Appeal by defendants from a judgment obtained against them in an action to enforce a trust and for an accounting. This is the second appeal in the case.

At the first trial the court found a balance in favor of the defendant trustees in the sum of $8,996.17. An appeal was taken by the plaintiff and the judgment was reversed. (Purdy v. Johnson, 174 Cal. 521 [ 163 Pac. 893 ].) Upon retrial a different department of the superior court found a balance in favor of the plaintiffs amounting to the sum of $10,981.74. The present appeal is from this judgment.

The plaintiff is the granddaughter of one Alberto Trescony, who died testate in the year 1892. The appellants J. A. Trescony and Robert F. Johnson were respectively son and son-in-law of the testator and were the executors of his will and they were also named therein as trustees of an undivided one-third of the residue of the estate for the benefit of the plaintiff and her brother Leo A. Christal, who were the children of a deceased daughter of the testator. At the close of the administration of the estate a decree of distribution was made, by the terms of which one-third of the residue of said estate was distributed to the…