Hodoian

This is an appeal from a judgment upholding the due execution and delivery of two deeds of conveyance to real property, and an assignment of certain notes and bank accounts. The only question involved is whether the instruments were delivered by the grantor to the grantee with the intent to thereby divest himself of title and to relinquish all dominion and control over the instruments.

The issues of unsound mind and undue influence which were presented by the pleadings were specifically waived by appellant at the trial.

The plaintiff is a nephew of Iseal Garabedian, an ■ Armenian, named in the pleadings as B. Garabedian, who was the grantor mentioned in the instruments in question. For twenty-three years prior to his death he had lived with his brother, Avak, who was the grantee. He had no other relatives except plaintiff and the family of his brother Avak. The grantor owned twenty acres of land near Merced, two lots in the town of Fowler and several notes, together with money in bank, represented by certificates of deposit and cash on open account. The value of the personal property was about twelve thousand dollars. For some time the grantor had been in ill health, and about…