was set off by decree to Berry. The evidence also shows that Berry, before and after his marriage and during his married life with Kate R. Dawson, was a quiet man of very little force of character but perfectly honest; that his wife, before and after he married her, was of strong character and during their married life transacted practically all of the business, both for herself and for her husband, relating both to her land south of Dawson and 270 acres of his land which he owned north of Dawson. The record also shows that after his wife's death he engaged two or three different housekeepers to look after his household affairs; that on May 1, 1916, he employed appellee, Mary Egan, who, according to the allegations of her answer, kept house for him, cared for him when indisposed or ill, and aided and assisted him in the management and supervision of his estate. The evidence tends to show that he had an income of about $7000 a year from the land and his average balance in the bank at Springfield was from $3000 to $7000; that after his wife's death nothing was paid on the joint indebtedness they owed except a year's interest on the $2000 note; that after his marriage Berry did no farming himself but occupied with his wife about 36 acres of her farm, which included the dwelling house, garden plot and pasture; that he had some horses and cattle but gave no attention to any business on the farm except feeding stock and doing chores about the residence; that while his wife was living all the rest of the land owned by them had been rented— principally for grain rent-to three tenants, Smith, Cravens and McRoberts; that after her death no change was made in the leasing of the land, the tenants, with his consent, continuing on their respective tracts on the same terms as before. After the death of Berry's wife partition proceedings were instituted as to her land, and the court decreed that 175 acres thereof should be set apart as the property of Berry. This decree was entered November 10, 1917, Berry taking no active part with reference to the partition

proceedings. During their pendency appellee told William Smith, one of the tenants on the land that originally belonged to Berry and his wife, "that Mr. Berry was incapable of attending to business and needed someone to look after it for him." She did not on this hearing deny this statement to Smith.

During part of the time after Mrs. Berry's death, and before the land was partitioned, attorney John W. Sheehan, of Springfield, acted as attorney for Berry. It appears from the record that during this time he prepared two wills for Berry, and by these last wills he had attempted to have a part of Berry's estate left to Mary Egan. Charles Hederich, who was a client of Sheehan, testified that in November, 1917, Sheehan told him that he had a will ready for Berry drafted in favor of appellee but that Berry would not sign it, and asked him (the witness) to influence Berry to come to Sheehan's office again for the purpose of signing the will, and that witness told Sheehan that he could not comply with his request because he did not think Berry was capable of executing any papers; that Sheehan answered this by saying that "he didn't think the will would stand, as Mr. Berry's noodle was not right;" that this conversation took place in Sheehan's office. While it is claimed by counsel for appellee that Sheehan denied this statement on the witness stand, we cannot find any such denial in the testimony of Sheehan in the record.

Probate Judge Jenkins testified that he had known Berry for eight or nine years but became better acquainted with him after he was appointed administrator of his wife's estate; that he had a talk with him while he was administrator with reference to giving a deed to the coal rights under his wife's land; that this was before it was partitioned, and he advised him, in the presence of attorney Sheehan, that he should give a quit-claim deed for his interest in the coal; that two or three days later he found that Berry had given a warranty deed for the coal rights; that some weeks

thereafter he met Berry and talked with him about the giving of this deed, and Berry denied that he had given any deed and stated that he had no lawyer to advise him, although Judge Jenkins well knew then that attorney Smith had been advising him all the time with reference to his wife's estate. Berry denied that Smith was his attorney or was on his bond as administrator. Judge Jenkins also talked with Berry at this time about 30 acres of Berry's land which was rented to an uncle of Jenkins' wife, and Berry said he did not know whether he owned that land and did not know how much of a piece it was, because he thought the river had taken a piece off the west end of the farm, and when reminded by Judge Jenkins that the river did not run anywhere near that farm he answered that he guessed he was mistaken,-that he was thinking of the land he owned near Dawson and not near Curran. The evidence shows that none of the land, either at Curran or Dawson, was anywhere near a river.

John C. Young, manager of the grain elevator at Dawson, testified that while Berry was administrator of his wife's estate witness had bought grain raised on the land controlled by Berry from the tenants and from Berry for several years; that the tenants would bring Berry in and arrange for the sale of the grain in which Berry had a share as rent; that after the grain was delivered and settlement made as to Berry's share Berry would quickly forget all about the transaction, sometimes within five minutes; that he would start down the road from the elevator and then come back and say, "Well, when is the tenant going to haul that wheat?" that Berry would ask such a question when witness had settled with him just five minutes before and Berry had the check for his grain in his pocket; that in November, 1916, witness gave Berry a check for $900 for his share of the grain raised on land worked by the tenant Cravens and the check was not deposited until the next July; that several times witness asked Berry what he had done

about the check and Berry would never be able to tell him anything about it; that finally witness wrote Berry a letter, and Mary Egan telephoned witness that the check had been found and would be taken to the bank; that on other occasions Berry would carry the checks given him from three to six months; that one check for $2500 Berry carried from January to April, 1918. The tenant, William Cravens, concurred fully in this testimony as to the sale of Berry's share of the grain and his lack of memory and forgetfulness in regard to matters connected with such sales. He also testified that Berry asked him several times during his tenancy who lived on the land that he (Cravens) was renting, having forgotten the fact that Cravens had been living there for some time; that some repairs were made at his request on the house while he was living there and while Berry was administrator, Mary Egan bringing the man to look over the house and see what repairs were necessary. Tenant Smith, living on another portion of the farm, testified substantially to the same effect as to Berry's lack of memory and lack of care and control of affairs connected with the business of the land that witness was renting; that frequently in talking with him about his affairs witness could see that Berry did not know accurately what property he owned, either real or personal, and did not remember whether or not he had paid his taxes on his property; that in conversation at one time about selling the surplus oats, witness could not make Berry understand that he had more than enough oats in another barn to last him for another year.

The tax collector, McDaniel, testified that he had been. paid taxes by Berry for his land in 1917 and 1918; that he had known Berry all his life; that during some of their conversations about his taxes Berry began telling him about his different wives, saying that he had had two wives; that he had married both the Dawson girls; that he said he bought the place he was then living on from Bert Dawson,

the former husband of his wife. The proof is uncontradicted that Berry was married only once and that he had acquired the farm in question by inheritance from his wife.

The president and cashier of the Illinois National Bank, where he deposited his money until a short time before his death, testified that appellee always accompanied Berry to the bank, and that Berry did not remember with any accuracy as to his deposits or the amount that he had deposited and seemed to know very little about his business; that appellee would prompt him and advise with him while he was at the bank. The cashier testified that at one time Berry wanted to know if he could borrow from $300 to $500 to make a purchase, having at that time $7000 on deposit in that bank; that because of Berry's mental condition he (the cashier) refused to talk with Berry's attorney about making a loan to Berry, because he did not consider Berry capable of executing the mortgage.

John D. Waters, an owner of considerable land who lived near Berry during the last two years of his life, testified that appellee telephoned to him to come to Berry's house as they wanted to have a public sale of certain of the personal property, and that when he got there she told him what was wanted; that he advised them as to the form of the sale bills and he and Mary Egan made them up; that he was present at the sale and that Berry seemingly took no part in the arrangement of the sale or in its details at the time it took place.

T. E. Orr, cashier of the Buffalo bank, clerked at the above sale in the fall of 1917. He testified that he was requested to do so by appellee; that the sale amounted to between $700 and $800 and was finished about 4:30 o'clock P. M.; that he told Berry he would take the sale sheets down to the bank and straighten things out and make him a report; that he was told over the 'phone later to make the report that evening as Berry wanted to go to town next morning with reference to the same; that he came to