Baldwin

This is an action brought to set aside a deed on the ground of undue influence and the ineompetency of the grantor. The deed was made by George W. Trahern to his wife, Henriette B. Trahern, on August 17, 1909, twenty-eight days before the death of the grantor, on September 14, 1909. The deed recites a consideration of love and affection and was duly acknowledged, delivered, and recorded on the day of its execution. Plaintiff claimed to be the daughter of the grantor and, in her alleged capacity as heir, brought the action to set aside said deed. The answer denied that appellant was his daughter and also denied his unsoundness of mind and the exercise of any undue influence.

The court found that plaintiff was the illegitimate daughter of the grantor but that she was never legitimatized by any act or acknowledgment of said grantor. The court also found that no undue influence was exercised on the said grantor by any person and that, “on the 15th day of August, 1909, and up to the time of his death, said George W. Trahern was continuously of sound mind and during all of said time was mentally able to, and did, understand, realize and comprehend the nature, result and effect of his…