Rieger

Plaintiffs, in their capacity as coexecutors of the estate of Maria Lamp, Deceased, instituted this action to set aside a certain deed executed July 11, 1955, by said decedent, as grantor, to defendants, the day preceding the grantor’s death.

By their complaint plaintiffs alleged fraud, undue influence, lack of capacity, and that the deed was procured by defendants without the payment of any consideration.

By their answer, defendants denied generally the allegations of the complaint, and as a third affirmative defense alleged ownership in the property in question by reason of an administratrix’ deed from the estate of Herman Lamp (husband of decedent), dated October 27, 1949.

At the conclusion of the trial and following submission of the cause on written briefs, the court made the following findings :

I.

That on May 1, 1950, Maria Lamp received an unconditional grant deed to real property located at 4422-4424 Vista Avenue, Long Beach, California, and that from May 1, 1950 to date of her death, July 12, 1955, she was the sole owner in fee of said real property.

II.

That on July 11, 1955, Maria Lamp was without mental capacity to attend to her business affairs, to know the…