Dirks

Plaintiff and Sarah L. Dirks were husband and wife; he was an old man, and she was a young woman; she died testate on March 21, 1900. On March 19, 1896, at San Francisco, they entered into the following written agreement :—

On the same day, between 2 o’clock p. m. and 3 o’clock p. m., plaintiff withdrew the sum of two thousand dollars, and the testatrix deposited that amount with said society. Testatrix had no other money on deposit with the society except the dividends accumulated on said deposit. The account showed that testatrix drew out, July 8, 1896, $24.24, which was the June dividend of that year, and on December 16, 1896, she drew out one thousand dollars. She also drew out various sums at sundry times, ranging from twelve dollars to fifty dollars each, in 1897, 1898, 1899, and one amount January 5, 1900, leaving at her death a net balance to her credit of $488.15, which on June 5, 1900, was drawn by the defendant, the total credit, including dividends, amounting at that time to $2,159.83. The dividends, or interest, which she had the right to draw amounted to $159.83. A daughter of plaintiff testified in effect that the testatrix admitted to witness in September, 1896,…