Langenbeck

This is an action to annul and set aside-as void a deed of gift executed by Annie Maria Cord, on the-day of her death, to her daughter, Margaret Jessie Cord, now the wife of Julius Louis, defendants in the action. The deed was dated December 9, 1893, and thé complaint was filed about June 17, 1895, the exact date not appearing. It was alleged in the complaint that at the time this deed purports, to have been executed deceased “was and for some hours previous thereto had been in the throes of death, and from which she never rallied; that her mind was in such condition that she did not recognize those about her, or realize or understand what was going on about her, ... or understand the-nature, purport, effects, or consequences of her acts.” It is-also alleged that deceased “did not sign her name to said deed, or make her cross or mark as and for her signature, or authorize any person to do so by word or sign, and said plaintiffs allege that the said Charles D. Wheat (the notary certifying to the acknowledgment), without any authority or request from said Annie Maria Cord, signed her name and made her cross or mark to said deed,” and that she “never had any knowledge of the contents…