Sherman

Plaintiffs are the daughters of the defendant, Catherine Sandell, formerly Catherine Bornheimer, and seek by this action a judgment declaring that certain lands were conveyed to and are held by her in trust for them; that she be restrained from mak *374 ing any conveyance or other disposition of said lands, and that the court remove her from her office as trustee of said lands, and appoint another trustee in her place. Judgment was rendered in favor of the defendants, from which and from an order denying a new trial the plaintiffs have appealed.

In December, 1871, Francis Bornheimer was the husband of the defendant, Catherine Sandell, and, being sick and in the belief that he would not recover, executed to her a conveyance of several tracts of land in San Francisco, including those described in the complaint. The deed of conveyance is absolute in form/ and purports to have been made in consideration of the love and affection of the grantor for his wife. Bornheimer, however, recovered from his illness, and continued to live with his wife until his death, upwards of eighteen years afterward, in February, 1890, and during this time he and his wife sold and disposed of a large amount…