Hovey

Breton died on the 4th of August, 1890, leaving a will, of which the following are the material parts necessary to be here considered:

The said Bertha Breton took possession of all the property under said decree of distribution; and after-wards, on February 21, 1892, she made, executed, acknowledged, and delivered to the defendants, Edward M. Walbank and William Bisbee, an instrument in writing by which she conveyed and transferred to said defendants all the property mentioned in said decree of distribution, and in said will remaining undisposed of by her at that time; and the said defendants thereupon immediately took possession of all of said property. This instrument provided that the defendants should execute certain trusts therein expressly declared. After-wards the said Bertha Breton died, and the plaintiff herein, who was public administrator, procured himself to be appointed administrator with the will annexed of the estate of said Charles Breton, deceased. As such administrator he commenced this action against said defendants Walbank and Bisbee to recover possession of all the property in their hands which had belonged to said Charles Breton, deceased, at the date of his…