Lord Parker:-

The questions for decision in this case concern the title to certain hereditaments in Toronto, known as 78 Bay Street, and arise under the following circumstances :

The late Martin Edward Snider died in the year 1888, intestate. He was at the time of his death the owner of the property in question, which then consisted of about twenty-three feet of frontage on the west side of Bay Street, with a small half-brick residence erected thereon. He left two children, Thomas E. Snider and the defendant, Mabel Carleton, and the property devolved upon them as his co-heirs. After their father's death they went to live with their uncle, Thomas A. Snider, hereinafter referred to as the testator. On 4th September 1899, the testator purchased and took a conveyance of the moiety of the property belonging to Thomas E. Snider. The validity of this transaction is not now in dispute. The testator, having thus become entitled to a moiety of the property, proceeded to erect thereon a warehouse at a cost of some 10,000 dollars.

On 15th May, 1900, the defendant, Mabel Carleton, by deed conveyed to the testator all her estate and interest, legal or equitable, in the property in question, to hol