Merkle

The plaintiff brought this action to secure a decree reforming and correcting a certain deed, purporting to convey to her certain real property situated in the county of Nevada. Elizabeth Bierwagen, the owner and purported grantor of said property, was the mother of the plaintiff.

The amended complaint (verified) alleges that, on or about the eighth day of January, 1923, the said Elizabeth Bierwagen died in the county of Nevada, and that Carl P. Merkle and Christian Bierwagen “have been, and they are now, the duly appointed, qualified, and acting executors of the last will and testament of said decedent”; that in the year 1911, Elizabeth Bierwagen, deceased (to be hereinafter referred to as “deceased”) entered into an agreement with plaintiff, whereby she promised and agreed that if plaintiff and her husband, Carl F. Merkle (one of the defendants herein), would care for the real property then owned by deceased, and care for, nurse, and protect her (deceased) during the remainder of her lifetime, the latter would convey to plaintiff herein the real property hereinafter de scribed, which said real property was then owned by said deceased. The complaint proceeds:

Said deed was…