Morgan

This is an action by two of the three executors of the will of J. J. Morgan, deceased, to cancel a certain deed purporting to have been made by the decedent to the defendant Willa Matthieson, but not recorded until after the maker’s death.

The defendant Henry H. Matthieson, being one of the executors as well as the husband of the defendant Willa Matthieson, did not join his fellow executors in prosecuting the action; and though named as a defendant in his indi vidual as well as Ms representative capacity, he filed a disclaimer, leaving the defense of the action to his wife.

The point in controversy is as to delivery of the deed in question; and judgment having gone in favor of the estate, Mrs. Matthieson took this appeal.

The decedent, J. J. Morgan, a resident of Hollywood, who lived to the age of about eighty-four years, had known Mrs. Matthieson and her sister, Eleanor McIntyre, for about twenty-five years prior to his death, which occurred on May 31, 1925. The women, who were in the habit of calling Morgan Uncle Jerry, were distantly related to him' by marriage. Morgan, though eccentric and illiterate, was an intelligent, strong-willed, shrewd man of business, and had…