Brittenbaker

This appeal is by the plaintiff from a judgment against her as administratrix of the estate of Anna Salyer, deceased, and in favor of the defendants, as trustees for the First Methodist Episcopal Church of Pacific Grove, California,

The complaint alleges that on January 30, 1918, plaintiff’s intestate was the owner of certain real property in the city of Pacific Grove, Monterey County, California, which property is specifically described in the complaint; that on said date said Anna Salyer executed a deed of said property to the defendants. Said Anna Salyer died on the eighteenth day of November, 1919; plaintiff was duly appointed administratrix of her estate. Subsequently this action was brought by plaintiff and was framed in three counts. The first count was based upon the alleged mental incompeteney of plaintiff’s intestate at the time of the execution of the deed in question. The second count was based upon the ground of alleged undue influence, and plaintiff prayed that the deed be declared null and void. The third count is in the form of a suit to quiet title and proceeds upon the theory that because of the form of the deed no title was conveyed to the grantees.

Upon…