Carty

This is an equitable action by the plaintiff, a sister of the defendant, asking that a certain *18 deed to the premises described in the complaint be set aside, upon the ground that at the time it was executed by Mary Connolly, another sister of defendant, she was acting, under undue influence, and was also of such feeble mind as to be unable to understand the nature of the transaction.

Upon August 26, 1887, Mary Connolly sustained serious injuries from an accidental burning, from which injuries her death resulted upon the thirteenth day of the following month. The deceased and her brother Patrick, the defendant, had resided upon the land in dispute for many years, and it had been acquired by their mutual efforts. The legal title to the entire property was vested in Mary, though Patrick had paid for one half of it and was the equitable owner thereof. At the time of the transfer to Patrick, which was the seventh day of September, a mortgage rested upon the property in the sum of fourteen thousand dollars, which by the terms of the deed the respondent assumed to pay. The value of the realty was fifty-six thousand dollars, and there was no pecuniary consideration for the transfer,…