Abelein

Katherine Schwalm, the decedent, a resident of San Francisco, made a will in 1930 leaving her *26 estate to her sole heir, a brother living in Germany. In February, 1935, said decedent was suffering from cancer, and death was imminent. Defendant was manager of the Lasswell Undertaking Company, which had attended to the burial of the decedent’s husband some time before. Defendant visited the decedent frequently, performing some services for her. The decedent told defendant that she wanted to assure herself of suitable cremation and burial, and that she wished to leave her property to defendant in return for her promise to handle these matters. Defendant called her attorney, who endeavored to persuade the decedent to make a will. Decedent declared that she was opposed to probate proceedings, and insisted on a deed. Accordingly, said attorney prepared a grant deed of the decedent’s property, which she signed and handed to him with instructions to record the same and give it to defendant. This occurred on February 20, 1935, and decedent died March 5, 1935. Plaintiff, executrix under the will previously made, brought this action attacking the validity of the deed. The trial court found…