Berry's house about six o'clock and started to explain the report, but Berry did not seem to realize or understand what he was saying and did not recognize him until he had talked for several minutes but just looked at him, and did not understand the detailed explanation of an ordinary business transaction; that he asked Berry if he understood, and Berry made no answer; that after going over it again, appellee, who was present, said, "I think we understand this and can make Mr. Berry understand," and that at the suggestion of appellee Berry paid him for his services as clerk.

Amaziah Ratcliff, a neighbor, who held the $2000 note signed by Berry and his wife, testified that while Mrs. Berry was alive the interest was paid promptly but that since her death the interest had only been paid one year; that he had several talks with Berry since his wife's death and Berry did not seem to remember anything about business or otherwise; that witness got no satisfaction from him with reference to settling the note; that he did not seem to know anything; that witness met Berry several weeks before his death and asked him about settling the note and Berry asked him who got the money, and when he told him that his wife did, he wanted to know who she was; that several times when Berry got off the interurban cars at Dawson witness showed him the way to his home, which was about half a mile distant; that the witness had seen Berry lost several other times.

Dr. McGinnis testified that he had been a neighbor and the former family doctor of Berry for some time; that in April, 1917, he met Berry in accordance with the arrangements made by appellee and talked about going on his bond as administrator when Judge Smith withdrew; that during this talk Berry showed extreme forgetfulness; that he didn't know to whom he had been married, and finally said, "I believe I did marry one of them Dawson girls," when the fact was that he married Bert Dawson's widow; that witness refused at first to go on the bond because he did

not believe that Berry was competent to act as administrator, but finally consented to do so if Berry would allow all the business of the administrator to be performed under the advice and direction of his (Dr. McGinnis') personal attorney, Robert Matheny.

The testimony also tends to show that in the fall of 1917 arrangements were made with certain persons to paper and paint the buildings on the premises where Berry lived; that no specific contract was made by anyone with these workmen for the work; that they were paid by the day and painted the house and barn, and other workmen built new fences, a cistern, and did other work on the out-buildings, house and barn, and that Berry signed checks for the improvement of the premises which amounted to approximately $5000; that for painting and papering some $2600 of this amount was paid for work which a disinterested, experienced contractor testified was not worth, at a liberal estimate, $1074. So far as the evidence shows, no examination or investigation was ever made by Berry of the bills presented to him for the work claimed to have been done, and the evidence tends to show that appellee arranged for some of this work.

Berry's brother, Lincoln Berry, filed a petition on March 20, 1918, for the appointment of a conservator. Attorney T. J. Condon, of Springfield, had been attorney for Berry in some matters before that time, and testified that Berry arranged with him to look after the conservatorship proceedings, and witness associated with himself in that matter attorney James M. Graham, of Springfield. In arranging to make the defense they consulted with Dr. L. C. Taylor and Dr. Frank P. Norbury, physicians of long experience, and asked them to examine Berry as to his mental condition. These doctors visited Berry's place on March 21, 1918, and made an examination. They testified that they found that he had hardening of the arteries in an advanced stage; that his memory and recognition of his surroundings were very

much impaired, and in their judgment, from their knowledge of that disease, they must have been impaired from three to five years, and perhaps more; that when they examined him he did not know where he lived, what property he owned, how he acquired it or whom or when he married; that he could not name the year, month or day of the week; that he claimed he still lived on his farm north of Dawson, when, in fact, he was living on the part of the land that he obtained from his wife, south of Dawson; that he thought he had been married twice and had a child by his first marriage, but had no recollection as to the date of his marriage, or how long his wife had lived with him, or where they lived when she died, or what her maiden name was; that he thought appellee had only been with him two or three months, and stated that she had agreed to keep house for him if he would furnish the grub. He also stated to them that he had made no deed to her, although the deed here in question had been made some time previous.

On April 2, 1918, Berry's deposition was taken at his house by attorneys Condon and Graham and is in the record. It shows clearly that he was still under the illusion that he had been married twice and had a child; that his first wife had died many years ago and his last wife had been dead more than twenty years; that neither wife had lived with him in the house where he then was, when, as a matter of fact, that house was the only place where he did live with his wife; that he had no notion of the amount of land he owned, giving different amounts in answer to different inquiries; that he did not then know anything about the conservatorship proceeding pending against him or that the attorneys then present were acting for him in the matter. He also denied at this time he had made any deed of his land to appellee. Condon testified in the case at bar that after the taking of this deposition he and his associate, attorney Graham, decided it was their duty as his attorneys to advise that he have a conservator appointed, and that

they consulted with Berry and appellee together on the question and advised that there would be no contest as to the appointment of a conservator. The evidence tends to show that these attorneys were present in court at the time of the conservatorship proceedings and consented to the appointment of a conservator.

We find nothing in the record to justify the claim of counsel for appellee that the conservatorship hearing was ex parte in the sense that they argue, or that attorneys Condon and Graham were not really representing what they thought to be the best interests of Berry. Neither do we see any justification in the record for the criticism by counsel for appellee that in the conservatorship proceedings attorneys Condon and Graham did not intelligently and honestly attempt to care for the best interests of Berry. Neither do we find anything in the record to justify their argument that counsel appearing in this case for appellants had anything to do with the examination by Dr. Taylor and Dr. Norbury, or the taking of Berry's deposition in connection with the conservatorship proceedings.

As the result of the conservatorship proceedings, attorney Edward F. Irwin, of Springfield, was appointed conservator. He testified that he had known Berry since 1900; that Berry's wife had been a client of his office for two or three years before her death, and that he had seen and talked with Berry on an average, for years, as often as once a month; that he met Berry in August or September, 1916, on the public square in Springfield and Berry stopped him and talked with him and wanted to know if witness was acquainted in Springfield; that witness told Berry who he was, and Berry wanted witness to tell him where the First National Bank was located, as he was lost; that witness directed him how to find it, but Berry showed no, signs of recognizing witness; that immediately following his appointment as conservator witness went out to Berry's residence to get the papers and look over the situation; that

witness talked with Berry in an effort to ascertain the situation but was unable to obtain any assistance from him; that apparently he had no idea of his business affairs or his condition; that Mary Egan brought out different drawers and looked the papers over with witness and would frequently say, "Here is something maybe you would want;" that while they were examining these papers Berry picked up the drawer that had been brought in for the purpose of examining the contents and walked across the room and attempted to put it in a book case in which there was no opening and where it did not belong and was not able to find out where it did belong or should go; that Berry seemed absolutely lost in his own home.

Shortly before the deed here in question was executed, according to the testimony of attorney Sheehan, Mary Egan came to him and told him Berry wanted to have a deed drawn conveying certain lands to her. He testified that following this suggestion he drew the deed and asked attorney Carey E. Barnes to go out with Mary Egan to the Berry homestead and take Berry's acknowledgment. Barnes testified that on December 7, 1917, he went with Mary Egan to the farm, and that when they got there she brought Berry into the room and Berry took the deed and read it over and asked witness if Mary Egan should die first would her people get the land; that witness said yes; that Berry said he didn't want it that way, and thereupon witness inserted a clause providing that if the grantee died before the grantor the land should revert to the grantor; that Berry then signed the deed and paid witness for his services; that the next day Sheehan told witness that the deed signed by Berry the night before misdescribed the property, and gave him a new deed which conveyed all Berry's interest in the 371 acres of land which the wife had owned, this land having already been partitioned by the court and Berry allotted 175 acres; that Barnes took this deed with the corrected description and went back on December 8 to see Berry; that Berry