Hayne

Action to obtain a judgment that certain property is held by the defendant in trust for the plaintiff, and for a conveyance thereof.

E. C. Hermann, the father of the plaintiff and the husband of the defendant, in his lifetime caused a certain tract of land in Los Angeles County, of which he was the owner, to be conveyed to the defendant, and also certain moneys and other personal property to be paid and delivered to her. The court finds “ that said money was paid to defendant, and note and deed delivered to' her, upon the express understanding and agreement that she would hold the same in trust for said E. C. Hermann during his life, and for plaintiff and herself in equal proportions after his death, and said defendant accepted said money, note, and deed, to hold in trust as aforesaid, and without having paid any consideration therefor.'” This finding is fully sustained by the evidence. Von der Kuhlen, who held the property in trust for Hermann, and who made the conveyance to *261 the defendant, testified: “On the direction of Mr. Hermann, she was to hold it in trust for Mr. Hermann while he lived, and then for plaintiff and defendant equally. That is what was said at the making…