Ruiz

This is an action by the administrator of the estate of James Dow, deceased, to recover the sum of four thousand dollars from Rebecca Dow, wife of said deceased. Plaintiff claims the money to be the *494 property of the estate of the deceased, and the wife claims the money to be her own by gift from the husband. The material facts may be briefly stated as follows: James Dow, a man of considerable property, consisting of lands and money, feeling that he was not long for this world, and desiring that his wife Rebecca should possess his estate without the expense attendant upon an administration in the usual course by the courts, consulted his attorney for advice, and, as a result, a deed was executed and acknowledged by Dow, parts of which are as follows:

“Know all men by these presents, that I, the undersigned, James Dow, .... the party of the first part, in consideration of my love and affection for my wife, Rebecca Dow, .... the party of the second part, do by these presents grant, give, and convey unto the said party of the second part, her executors, administrators, and assigns, the following properties: First [certain lands, describing them]; Third, all personal property…