Fatjo

L. H. Bascom died February 22, 1881, in Santa Clara county, leaving real and personal property therein and also leaving a last will, in which he nominated his wife, Annie M. Bascom, and his son, Alpheus L. Bascom, as the executrix and executor thereof. The provisions of the will, so far as they need he noticed, are as follows:

In due time the said will was admitted to probate, and the persons named as executrix and executor thereof were appointed, and entered upon the discharge of their duties as such.

Thereafter the estate was regularly administered upon and closed by a decree of distribution, whereby the property described in the complaint herein was distributed to said Annie M. and Alpheus I. Bascom, as trustees, pursuant to the provisions of said will.

Henrianna B. Swasey had three children, all of whom had reached the age of majority, and in September, 1885, they conveyed to their mother, by a deed duly executed, “ all the real and personal estate situate in the state of California, or elsewhere,” derived by them “ through the last will and testament” of the said decedent.

On December 1, 1887, Mrs. Swasey obtained a loan of one thousand dollars from one Tennyson, for…