Braun

Two matters, a motion to recall a writ of supersedeas and an appeal from a judgment, are before us. A determination of the appeal will make unnecessary any special consideration of the motion and we will, therefore, direct our attention first to the merits of the appeal.

The action was brought against the administrator of the estate of Julius H. Schmidt, deceased, to establish a gift causa mortis by deceased to plaintiff of certain personal property, and to quiet title thereto. This personal property, consisting of stocks, bonds, promissory notes, a diamond ring and bank deposit books during his lifetime belonged to Schmidt, and was kept in a safe deposit box in a bank in the city of Los Angeles. After the death of Schmidt, plaintiff attempted to take over the box and its contents, but upon refusal of the bank to surrender possession to her, she turned the key to the box over to defendant, who had previously obtained letters of administration in the estate of Schmidt, and upon the refusal of the administrator to recognize her claim to the property brought this action to secure the same or its value.

The underlying facts as revealed by the record briefly are that some time in…