Brovelli

The gift deed relied upon by defendant-appellant in this quiet title action is wholly in English. Nonetheless, the ease turns largely upon the meaning of an Italian word. Plaintiffs-respondents are the with the will annexed of the estate of the deceased grantor and the sole beneficiary of that will.

Plaintiffs are the children of defendant and his first wife, who died before any of the events here involved. The first wife was a niece of Giuseppe Monteggia. Monteggia spoke very little English. In 1952, when he was in his middle seventies, he told defendant that he “wanted to leave everything” to him and asked defendant to have a “procura” made. Defendant and his second wife testified that “procura” means gift deed, while an interpreter testified that the word means power of attorney. At defendant’s direction, his attorney, who never talked to Monteggia, prepared a deed of gift transferring to defendant the real property here in issue, as well as all personal property of Monteggia, including bank accounts. It is conceded that no transfer of any personal property was intended. Defendant returned to Monteggia’s home, and took him to a notary public. The notary read the deed to…