Weakley

Plaintiff, Jennie E. Weakley, brought this action to have declared null and void a declaration of trust of real property located in the city of Santa Cruz in favor of defendant, George L. Melton, and to have the record thereof canceled; to have her title to said property quieted as against defendant, and to recover two thousand nine hundred dollars alleged to be due to plaintiff on a promissory note executed in her favor by defendant, together with costs. Judgment was entered in favor of plaintiff granting all the relief prayed, and from that judgment defendant takes this appeal.

Respondent, a woman of advanced years, and appellant are mother and son. Respondent’s first husband, appellant’s father, died when the latter was about three years old. Thereafter respondent remarried and a daughter, now Mrs. A. L. Munger, was born of the second marriage. Respondent worked and supported appellant until he was about fifteen years of age. At that time he inherited between twenty thousand dollars and thirty thousand dollars from the estate of a paternal uncle. Respondent was appointed guardian of appellant’s person and estate, in which capacity she acted until he came of age in 1893. After…