Wheelock

This action was brought to recover by Almon Wheelock, as the executor of the last will of Albert G. Wheelock, the sum of seven thousand and forty-five dollars- and eighty-nine cents, moneys received on deposit by the defendant San Francisco Savings Union from Albert G. Wheelock in his lifetime. Defendants had judgment. Plaintiff thereupon moved *581 for a new trial, which motion was denied, and from the order of denial this appeal is taken.

Albert G. Wheelock was a bachelor of the age of say sixty-five years; had been a bank clerk in San Francisco and possessed a fortune worth say fifty thousand dollars.

Arabella D. Godfrey was a widow, and Wheelock had lodged at her house for some fifteen years, was a friend of her deceased husband in his lifetime, and had according to some of the testimony, at intervals from the time of the death of the husband of said Arabella D. Godfrey, evinced a determination to make some provision for the support and maintenance of the latter. On or about September 25, 1888, said Albert G. Wheelock made a last will whereby he bequeathed and devised all his estate, real, personal, and mixed, to his nephews, a niece, and sister residing at Chicago,…