Piercy

By a verified complaint this action was begun by Mary J. Pierey to set aside a deed in which she was the grantor and her son, Edward M. Pierey, the grantee, and after her death, the administrator, another son, was substi tuted as the party plaintiff. The consideration for the deed was “love and affection.”

The trial court found in favor of plaintiff, adjudging the deed void on the ground that it was obtained by undue influence. There was also a finding that the deed was not delivered. Both theories were adequately presented in the complaint, and it is manifest that the finding as to each is sufficient to uphold the judgment. Prom an examination of the record we are satisfied also that it must be held that the material findings of the court are amply supported by the evidence.

The following facts, fairly deducible from the testimony, favorable to respondent—some of which are indeed not disputed—are sufficient to reveal the character of the controversy: On March 30, 1901, the date on which the deed was signed by Mary Piercy, she was eighty-five years old or over. Por ten or twelve years prior thereto she could not walk without assistance, could not dress herself and she was most…