Rooney

This is an action to establish a trust in certain land. A decree to that effect was rendered by the trial court, and an appeal has been taken to this court from that decree, and from the order denying the motion for a new trial. The facts may be briefly stated as follows:

One Bryan Lynch, residing in Humboldt county, was the owner of certain land situated therein. He died intestate, leaving no wife or children, but leaving a sister, Catherine Clark, living in this state. At her request, the court appointed the son of Mary Looney, her daughter, administrator of the estate. During the ad. ministration Catherine Clark conveyed the realty to Mary Looney in consideration of love and affection, and upon final distribution, the court having found as a fact that Catherine Clark was the only heir, the property was distributed to Mary Looney by virtue of the aforesaid deed. It may be conceded that the distributee, Mary Looney, occupies no more advantageous position as to this litigation than would her grantor, her mother. Some time after the decree of distribution was had, and the estate settled, this action was brought by the children of one Patrick Lynch, a brother of Bryan Lynch, *283…