Gilman v. McArdle

— This is an equitable action brought by Michael Gilman, as administrator of the estate of James *331Gilman, deceased, and its object is to have a certain trust declared null and void, and to compel the defendant, as the alleged trustee, to account.

On the 23d of August, 1882, Margaret Gilman, then about eighty-five years old, placed about $2,300 of money belonging to her into the hands of the defendant, with the direction and upon the condition that, after the death of herself and her husband, who was then over ninety years of age, the defendant should use the money, in the first place, to pay…