Sadler

Clarence Sadler, a citizen of California, brought an action in the district court of Nevada against Edgar Sadler and the administratrix of the estate of Alfred Sadler, citizens of Nevada, seeking to have defendant declared trustee of certain real and personal property located in Nevada and for an accounting. The suit was dismissed as to the administratrix. The jurisdictional amount was admitted. The district court gave judgment for plaintiff that Ed *2 gar Sadler-was the trustee of the property for the heirs of Reinhold Sadler in the shares to which each may be entitled under the terms of Reinhold’s will.

Reinhold Sadler’s heirs were his wife, who died intestate before the present proceeding, and five children. Two of these are living and parties to the present suit, Clarence, the plaintiff, and Edgar, the defendant. Others are Edgar L. Plummer, a grandson, son of a deceased daughter, Wilhelmina. Two other daughters died ^intestate. The exact interest of each of [these, it will be seen, is not relevant to [the appeal.

The property in dispute is the Diamond Valley Ranch, Nevada, and livestock, equipment, etc., located upon it. The land was originally owned by a corporation in…