Berghauser

— This action was brought by the plaintiff to recover a certain sum of money from the defendants, which they had received for her, and which they refused to pay over, claiming, — 1. That it was due them for commissions as trustees of her husband’s will; 2. That if their demand in this respect was not just, they were entitled to it under a contract with her; and 3. If not so entitled, that it was due and payable to them on a quantum meruit, for services performed for her, at her instance.

In a cause lately adjudicated in Department One of this court, entitled Blanckenburg v. Jordan, ante, p. 171, which was to construe the trust in the will of the plaintiff’s husband, by virtue of which the first contention of the defendants in this action is here sought to be main *318 tained, it was said: “ John Berghauser and Margarethe Berghauser were husband and wife. The wife brought an action against her husband for a divorce, alimony, and a division of community property. Pending the trial, an agreement was made as to the division of property, in case the court should decree a divorce, under which, upon decree being entered, it was adjudged and decreed that the defendant (husband) should…