during the remainder of his life. He was old and so afflicted that he required constant care and attention. The agreement of Mrs. Renkin was fully performed. The assignment to the trustee was not a gift; it was not executory, but was a present transfer of the title. (Burkett v. Doty, 176 Cal. 89, [167 Pac. 518].) [3] The trust was in all respects lawful and valid. The result is that the findings and judgment of the court below in favor of the defendant must be sustained.

The judgment is affirmed.

Lawlor, J., and Olney, J., concurred.

INDEX.

(789)

INDEX.

ACCEPTANCE. See Contracts, 12; Debtor and Creditor, 2; High-
ways, 5.

ACCIDENT INSURANCE.

1. DEATH OF INSURED FROM DISEASE-POLICY-ESSENTIAL TO RE-
COVERY.-Under a policy of accident insurance providing for pay-
ment for loss of life from bodily injuries, which independently of
all other causes are effected solely and exclusively by accidental
means, and providing that the company shall not be liable for any
loss caused or contributed to by illness or disease, if disease
plays a part in the death of the insured after an accident, it is
essential to recovery that such disease was due to the accident.
(Clarke v. New Amsterdam Casualty Co., 76.)

2. DEATH FROM HEART DISEASE-RECOVERY.-Under such a policy,
if the death of the insured was in part caused by heart disease,
and such disease was not in fact caused by the accident, there
could be no recovery. (Id.)

3. PROXIMATE CAUSE OF DEATH-SUFFICIENCY OF EVIDENCE.-In an
action to recover on such a policy, where it appeared that the
insured was struck by an automobile and suffered a severe con-
cussion of the brain, and that heart disease and appendicitis
developed, from the former of which he died, a finding that the
proximate cause of death was concussion of the brain is sufficiently
sustained. (Id.)

4. EXISTENCE OF UNKNOWN CONDITIONS - POLICY NOT NULLIFIED.-
The existence of unknown conditions tending to shorten the life
of the insured does not nullify a policy. (Id.)

5. CAUSE OF DEATH-QUESTION FOR JURY.-The cause of death is
a question for the jury, and where there is sufficient testimony
in the record to support the conclusion reached by the jury, the
verdict and judgment based thereon will not be disturbed. (Id.)
6. JUDGMENT-EVIDENCE-APPEAL.-Where real and substantial evi-
dence in a case supports a verdict, the judgment will not be set
aside on the ground that it was not justified by the proofs. (Id.)
7. CONSTRUCTION OF DOUBTFUL PROVISIONS OF CONTRACT-INSTRUC-
TION. In an action on such a policy, an instruction that the jury
might, in case of doubt in respect to the application, exceptions
to, or limitations to liability, adopt the constructon most favor-