Cooney

This is an appeal by the plaintiff from a judgment entered in favor of the defendant upon motion for a non-suit at the close of plaintiff’s evidence.

The action was begun by the deceased, Margaret J. Cooney,, in her lifetime. The present plaintiff was substituted during-the pendency thereof, upon the death of Margaret J. Cooney..

The complaint states a case to enforce a constructive trust in. real estate. In substance it shows the following facts: Bridget Gallagher was the mother of Margaret J. Cooney, the original plaintiff, and of Thomas J. -Glynn, the defendant. In the year ■ 1891 she resided at the house of the defendant, Glynn, living with him as a member of the family. She was then about seventy-six years of age. The relations between them had been confidential and intimate for many years before that time.. He had been accustomed to transact business for her and she relied upon him and trusted him implicitly with respect thereto. On the 23d of March, 1891, Mrs. Gallagher executed a will wherein she devised the premises in controversy to her daughter, Margaret J. Cooney. A few days thereafter the defendant suggested to Mrs. Gallagher that it would be more advantageous to…