McCann

The administrator of the estate of Electus Serls, deceased, brought this action to set aside certain deeds made by his intestate, and to obtain a decree that those claiming under said deeds have no title to the property therein described.

On October 28,1904, Electus Serls was the owner of a tract of land near Lompoc, Santa Barbara County, containing eighty acres. On that day he made and delivered a deed, purporting to convey said tract to the defendant, Children’s Home Society of California, reserving to himself a life interest in the property. There was no money consideration. This deed described the grantee as “a corporation duly organized under the laws of the State of California.” The said Children’s Home Society of California was a charitable or benevolent organization, carrying on the work of finding homes for dependent children and supervising the care of the children so placed. In December, 1891, the persons conducting this organization had attempted to form a corporation under the provisions of title XII of part IV of division first of the Civil Code (see. 593 et seq.) Articles of incorporation were filed in the office of the county clerk of the county of Los Angeles, a…