Silveria

This is an action in equity by the plaintiff, as administratrix of the estate of her mother, Ellen E. Clark, in which it is sought to have a certain deed of the premises, described in the complaint, set aside upon the ground that at the time the deed was made, Ellen E. Clark was acting under undue influence and was of such feeble mind as not to know what she was doing, and that no- adequate consideration passed to her from the defendant for the property.

Judgment went for the defendant. Thereafter, in due time, plaintiff moved for a new trial, which was denied; and this appeal is from that order.

For some time prior to the date of the deed, the property had stood of record in the name of Peter and Bona Wrancovich, who, in consideration for the deed to them, had agreed with Mrs. Ellen E. Clark, the deceased, to take care of her as long as she lived, if she needed money to get it for her, and to bury her; and they also loaned her two hundred dollars. Thereafter, and while the decedent was at the California Woman’s Hospital in San Francisco, feeling that she would be ill for some time and not being on good terms with any of her relatives, she, on the second day of April, 1909, sent…