Hoxsie

The appellant appeals from an adverse judgment rendered against her in an action brought against the respondent, Naomi Clark, as executrix of the will of Rena Pearl Wheeler, deceased, to recover $26,500.

Appellant’s father, George L. Wagner, died in 1907, and by a judicial decree, a 10-acre parcel of land which was the father’s separate property was set apart as a probate homestead to plaintiff and the decedent, her mother. The appellant and the decedent also inherited 30 acres apiece.

In 1926 the appellant married and moved away from the property but the decedent having remarried, remained on the property until it was sold. She managed the property, controlled the same, paid the taxes and encumbrances thereon, and derived the income therefrom. In 1938 the decedent built a home on this property.

Being in financial straits, the decedent decided to refinance the property and to make this possible the appellant conveyed *372 her interest in the property to the decedent by a gift deed in 1934. At the time of the transfer the appellant testified that her mother had said: "The homestead would be put back on. It would be fixed so that it would be the same as before, ’ ’ and “We would…