Bermingham

By the last will and testament of Alfred H. Wilcox the plaintiff and one E. F. Spence were appointed its executors, and certain real and personal property was devised to them in trust for the use and benefit of four minor children of the testator, to be transferred to them respectively as they should arrive at the age of twenty-one years. At the close of the administration of the estate, September 4, 1885, the property so devised in trust was distributed to them in accordance with the terms of the will. In Fovember of that year they reported to and filed with the court their acknowledgment that they had received the said property so distributed to them in trust, and thereupon were discharged from their duties as executors. In the lifetime of the testator they had each acted as his agent—the appellant in San Francisco and Spence in Los Angeles—and had been intrusted -by him with the management of portions of his property, each, however, acting independently of the other, and only in such matters as the testator placed in their hands. At his death, in August, 1883, each of them had *469 under Ms management different portions of the property thus placed in their control, and they…