Hillegass

The complaint alleges that on the 26th of June, 1849, the plaintiffs and one William Hillegass, now deceased, (the administratrix of whose estate and whose heirs are the parties defendant) were copartners, with equal interests, doing business in Philadelphia, Pennsylvania; that on that day the firm sent Hillegass to California and furnished him with the sum of $1,500 to defray his traveling expenses, “ and to enable him to engage in digging gold, and trading generally in said State on behalf of said firm ”; that in connection therewith Hillegass made and executed the agreement following :

The complaint further alleges that all of the property has passed into the hands of Marie Hillegass, administratrix.

The plaintiffs further allege, that all the property of any kind of which the.said Hillegass was seized or possessed at the time of his death, was obtained and acquired by the said deceased under and in pursuance of the said contract, as partnership property, and in trust for the several members of the said firm as aforesaid; and the plaintiffs allege that the said William Hillegass, after he came to the State of California as afore, said, never returned to the said City of…