Neely

This is an appeal by plaintiff as administrator of the estate of Wilbur F. Earl, deceased, who died intestate on -December 29, 1915. Plaintiff’s intestate was the grandfather and adoptive father of the defendant, Ethel Stella May Buster.

Wilbur F. Earl, something more than a year before his death, namely, on September 11, 1914, signed and acknowledged and left with his attorney, Henry M. Hurd, Esq., a deed to the property in controversy, wherein his granddaughter, Mrs. Buster, is named as the grantee. The deed, which- was without any pecuniary consideration, recites that it is made for love and affection. Without doubt it was intended as a gift from the grandfather to his granddaughter. Plaintiff, as administrator of the estate of Wilbur F. Earl, deceased, alleging that the deed was never delivered, brought the action to have the instrument declared to be null and void. The answer put in issue the allegations of nondelivery. The lower court found that the deed was delivered, judgment, accordingly, was entered in favor of defendants, and plaintiff appeals.

The evidence bearing upon the one question in the case, that concerning the alleged nondelivery of the deed, is, in…