Barnett

March 14, 1890, B. B. Barnett executed to the plaintiff herein a deed of conveyance of certain lands in Fresno county, by which he purported to “give, grant, alien, and confirm unto the said party of the second part and to his heirs (and assigns forever) all those certain lots, pieces, or parcels of land .... to have and to hold, all and singular, the said premises, together with the appurtenances, unto the said party of the second part (heirs and assigns forever) for and during his natural life, and to the issue arid heirs of the body of the said party of the second part.” The instrument was upon a printed form, and the above words in paren *299 theses were erased therefrom, and the words in italics were inserted in writing. The defendant, Lena Barnett, is the daughter and sole issue of the plaintiff, and the other defendants are his brothers and sisters. The plaintiff claims that by the aforesaid instrument the lands herein described were conveyed to him in fee, and, as the defendants claim that he took thereby only a life estate, and that at his death the heirs of his body will take the fee, he brought this action to procure a judgment in accordance with his said claim, and to…