THE COURT.-The above entitled cause presents the same propositions considered in Tedford v. Eichler, (L. A. No. 2772), ante, p. 214, [121 Pac. 730], and was submitted with the last mentioned case for decision. For the reasons there given the order appealed from is affirmed.

Hearing in Bank denied.

[S. F. No. 5772. Department Two.-May 24, 1912.] In the Matter of the Estate of CATHERINE STYLES, also known as Catherine McKenna, Deceased.

UNDUE INFLUENCE-SETTING ASIDE ASSIGNMENT OF BANK DEPOSIT.-The judgment herein is reversed on the authority of McKenna v. McKenna, ante, p. 340, [123 Pac. 532].

APPEAL from a judgment of the Superior Court of the City and County of San Francisco, dismissing a petition for the revocation of the probate of the will of a deceased person, entered upon an order sustaining a demurrer to said petition. J. V. Coffey, Judge.

The facts are similar to those stated in the opinion in McKenna v. McKenna, ante, p. 340, [123 Pac. 532].

Costello & Costello, and A. W. Brouillet, for Appellants.

Breen & Kelly, for Respondents.

THE COURT. The questions involved herein being identically the same as those passed upon in the case of McKenna v. McKenna, (S. F. No. 5770), ante, p. 340, [123 Pac. 532], the judgment appealed from herein, is, therefore, reversed, with directions to the trial court to overrule the general demurrer.

INDEX.

INDEX.

ACCOUNTING. See Estates of Deceased Persons, 15; New Trial, 3.

ACKNOWLEDGMENT. See Deed, 18-20.

ADULTERY. See Criminal Law, 1-5.

ADVERSE POSSESSION.

NON-PAYMENT OF TAXES.-A claim of title to land by adverse possession
cannot be established in the absence of evidence that the adverse
claimant had paid taxes on any part of the land. (Fitzimons v.
Atherton, 630.)

See Easement, 6; Quieting Title, 5; Tide Lands, 1, 2; Water and
Water-Rights, 14.

AGENCY. See Employer and Employee, 2; Mechanics' Liens, 2; Vendor
and Vendee, 12.

ALAMEDA, CITY OF. See Municipal Corporations, 13-18.

AMENDMENT. See Summons, 5; Water and Water-Rights, 8.

APPEAL.

1. RECORD-NOTICE OF APPEAL MUST BE INCLUDED IN EVERY RECORD.—
Sections 951 and 952 of the Code of Civil Procedure apply to records
on appeals prepared under sections 953a and 953 c of that code, as
in other cases, and a copy of the notice of appeal is a necessary part
of every record on appeal and should be included in the transcript
in all cases. (Merritt v. City of Los Angeles, 47.)

2. NOTICE OF MUST BE GIVEN.-An appeal can only be taken by filing
with the clerk of the court, in the manner required by section 940
or section 941b of the Code of Civil Procedure, a notice "stating the
appeal" or stating the fact that the party giving it does appeal from
the judgment, order, or decree, or some specific part thereof.
(Boling v. Alton, 297.)

3. NOTICE TO CLERK TO PREPARE TRANSCRIPT NOT NOTICE OF APPEAL.
-Section 953a of the Code of Civil Procedure merely provides a

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