Gernon

Plaintiff brings this action as executor of the last will of Charles R. Wood, deceased, to quiet the title in the estate to certain land in Tehama County. Defendant claims title by deed executed by said Wood on January 20, 1903. Wood died June 1, 1911, and, in his last will, executed September 11, 1907, he specifically devised the land in question to certain named heirs of his deceased sister and nominated plaintiff as the executor of said will. The conveyance to defendant is conceded to be a deed of gift and contains the following provision:

The cause was tried by the court and findings and judgment went for defendant. Plaintiff appeals from the judgment and brings the record here under the provisions of sections 941a to 941c and 953a to 953c of the Code of Civil Procedure.

Some other points are presented by the appellant which will be noticed, but the question of primary importance advanced by appellant is whether the deed from Wood to the defendant is genuine or a fabrication. On its face it conveys the fee absolute subject to the reservation above quoted and "if gen- nine the finding of the court that by it the title passed to defendant is supported.

It was in evidence…