169 N.W. 514 | S.D. | 1918
Christina Ernst died possessed of the legal title to a tract of land in this state. She left surviving her, her husband, Alfred Ernst, five children by a prior marriage, and two idhildren by her marriage with Ernst. The guardian of the husband brings this action against the executor of the estate of Christina Ernst and against all of her children except one, who joined as plaintiff; and such guardian seeks to have it adjudged that this land was trust property, th,e property of Jacob Ernst, title to which was held' in trust b}r Christina Ernst. The judgment of the trial court was in favor of the guardian and against all the defendants and the coplaintiff. From such judgment and an order denying a new trial all the defendants appealed.
Resolving all issues of fact, as we must, in favor of respondent, except where the clear preponderance of the evidence supports appellants’ claim in relation thereto, -we find the material facts to be as follows:
When Alfred Ernst married 'Christina, her children were quite small. They became -a part of the family, the boys staying at 'home and helping there, the girls, as they grew up, working part of the time away from home, but their earnings being collected
The judgment and order appealed from are affirmed.