Hammond

In case numbered 52998, W. T. S. Hammond, administrator of the estate of Merrill A. Weir, deceased, brought action against A. M. F. McCollough, administrator of the estate of Nancy A. Weir, deceased (wife of Merrill A. Weir), to quiet title to real property situated in the city of Los Angeles, claimed by plaintiff administrator to be a part of the estate of his intestate and by the defendant administrator to be a part of the estate of his intestate. In case numbered 52999, the action was between the same'parties to recover possession of certain personal property under the same contention of plaintiff and against the same answer thereto by defendant. The cases were tried together; judgment in both passed for plaintiff and defendant appeals.

They will be considered in one opinion.

Case No. 52998. Certain evidentiary facts and considerations are applicable to both cases and may thus be summarized. Merrill A. and Nancy A. Weir married in Indiana when he was twenty-two years of age and she was eighteen. They “started on nothing.” The husband engaged actively in business and was successful. They came to San Diego, California, in 1892, and there resided for four or five years when they…