in his own name without her knowledge; and that her husband had received and deposited in these accounts certain income from property she inherited from her brother. The prayer was for an accounting and for judgment for all amounts found due. The answer raised an issue as to all these matters and pleaded the waiver and election to take under the will above referred to; that plaintiff had accepted partial distribution under the will and was estopped to maintain the action; and that the action was barred by laches.
 The court found that the money turned over to the husband after the marriage was given to him by the plaintiff as a gift; that during the marriage the plaintiff had no separate property other than that which sheOpp at no time testified that she lent the money to her husband, or that she gave it to him to hold for her or to invest for her, or that she expected him to account for it. At the first trial, when asked whether, after their marriage, she had turned over to her husband what money she had she replied: "Yes, I felt he was a capable business man, and could best take care of my funds so I gave it all to him." And when further asked for what purpose she had turned the money over to her husband she replied that she "felt he could do more with it, than I could or the bank." At the trial of this action Mrs. Opp, who was