Clapp

This is an action to recover the value of real property alleged to have been conveyed to the defendant by a deed made by plaintiff’s testator while the latter was of unsound mind; the defendant having sold the property and appropriated the proceeds to his own use. Judgment was for plaintiff, and defendant appeals from the judgment and from an order denying his motion for a new trial.

Albert Clapp died April 1, 1903, leaving a will dated November 17, 1899, wherein plaintiff was named as executrix and devisee of certain parcels of real estate, which are specifically described in the will. The only parcel of the property located in the state of California is, “Lot No. 74 of Lincoln Park in the city of South Pasadena, County of Los Angeles, State of California.” When this will was propounded for probate the defendant filed an opposition and contest on two grounds: (1) That' Albert Clapp had made a later will, dated March 16,1903, whereby he devised to defendant all his estate, both real and personal; (2) that on the same day (March 16, 1903), he also executed a deed to defendant conveying the property particularly described above, which it is averred was all the property belonging to…