McCafferty

This is an action to establish a trust as to a one-sixth interest in each of the plaintiffs in two parcels of real property and in an alleged accumulation of money in a sum in excess of $10,000. It appears that the defendants intermarried in the year 1894. At the time, the defendant Ellen A. Jones had a three-year-old son by a former marriage, one of the plaintiffs herein. As a result of this union, three children were born to the defendants. All four children were raised together in the family household. Throughout the many years of their married lives the defendants purchased and sold several parcels of real property, realizing a profit on each transaction. The two parcels of real property and the accumulation of money here involved represent the culmination of defendants’ real estate deals. In .1929, after thirty-five years of married life, the defendant John J ones left home because of marital difficulties. Before doing so, however, he and the defendant Ellen A. Jones withdrew the disputed fund of money from a bank account standing in their joint names and divided the same equally between them, each taking approximately $5,500. Shortly thereafter the defendant John Jones…