a leg amputated and was severely ill and that he wanted to provide for him during his lifetime. It appears that this provision in the original will would have been ineffective, in any event, as this employee predeceased the testator.
 On November 7, 1939, Mrs. Opp executed a will in which she left everything that she might own or in which she might have an interest to her husband should he survive her. This will then referred to the trust provision of her husband's will of October 6, 1938, and provided that in the event her husband predeceased her all of the property which she owned or in which she had any interest should be added to and become a part "of the residuary trust estate created forknowledge of Mrs. Opp and contrary to her desires, but it also rather clearly appears that the moving spirit in bringing that action was the son of Mr. and Mrs. Opp. Circumstances which here appear justify the inference that he is the real plaintiff in this action.
 Briefly stated, the complaint herein alleged that shortly after their marriage the plaintiff turned over an unknown amount of money to her husband to manage for her; that the bank account maintained from 1920 to 1931, with all securities purchased therefrom was the property of herself and her husband as tenants in common; that the securities purchased from the joint tenancy account, opened in 1931, remained as joint tenancy property; that in 1937, her husband closed this account and opened one