Francoeur

This action was brought by plaintiff to establish an oral trust, in certain stocks and bonds and other personal property in the possession of defendant and which in her lifetime belonged to a Mrs. Elizabeth B. Hitchcock. Plaintiff, though not related to Mrs. Hitchcock, had lived with her for many years as her intimate friend and companion. Defendant had been the attorney and adviser of Mrs. Hitchcock for several years before her death and their relations were very friendly. Mrs. Hitchcock had no children and her only heir at law in this state was a niece—Mrs. Smith—with whom she was not at all friendly, although she made substantial provision for her in her will. This will was made July 27, 1909, and by it and under certain codicils to it, the last of October 8, 1909, after providing for certain legacies, including one to plaintiff of four thousand dollars and one of fifteen thousand dollars jointly to her niece Mrs. Smith and the daughter of the latter, she left the rest and residue of her estate to the defendant. When this will and the codicils were made Mrs. Hitchcock was the owner of certain stocks and bonds of the value of some forty or forty-five thousand dollars and also of…