Buell

This is an action brought by the plaintiff against the defendant to obtain a judgment impressing a trust on certain property in Fresno County. The court granted the relief prayed for and the defendant appeals from the judgment.

The plaintiff is the mother of E. S. Buell, deceased, and the defendant is his surviving widow and the administratrix of his estate. The plaintiff had entered into a contract for the purchase of certain real estate referred to in the record as the Columbia Colony property; and her equity in this property, it appears, was given in exchange for a one-third interest in certain property in the town of Reedley, referred to as the Reedley garage, the deed to which upon the consummation of the exchange was taken in the name of the deceased. . It appears that all of the consideration which had been paid upon the contract for the purchase of the Columbia Colony property was in the form of the conveyance by the deceased of property standing in his name valued at the sum of $2,800. It is, therefore, contended by his administratrix that he having furnished this consideration, the plaintiff must be deemed to have held the contract as trustee for him, and that when he…