Morehouse

Defendant’s intestate, Le Grand Morehouse, died October- 22, 1898, and defendant was duly ap *967 pointed administratrix of his estate. It is alleged in the complaint that during his lifetime (date not given) Le Grand entered into an agreement with plaintiff as set forth in plaintiff’s claim presented to defendant as administratrix, of which the following is a copy: “Estate of Le Grand More-house, deceased, to J. W. Morehouse, Dr. 1899. For the sum of five thousand dollars ($5,000) due claimant, J. W. More-house, from said estate, in accordance with an agreement made and entered into during the lifetime of said Le Grand Morehouse between said Le Grand Morehouse, deceased, and claimant, J. W. Morehouse, whereby said Le Grand More-house, deceased, agreed to pay to said J. W. Morehouse, claimant, the said sum of five thousand dollars if the said J. W. Morehouse would move off and deliver to said Le Grand Morehouse, deceased, the farm or ranch known as the ‘Wrag Canyon Ranch’ in Napa county, Cala., said claimant at said time residing on and farming said ranch, and did under and in pursuance to said agreement, move from, and deliver to said Le Grand Morehouse, said ranch, and the said…