The opinion of the court was delivered by
Mason, J.:
The appellant’s motion for a rehearing is overruled. The court does not hold, however, that want of mental capacity to transact business is in itself conclusive proof of want of capacity to execute a deed, nor that later unsworn declarations of the maker of a deed are competent evidence on the issue of undue influence further than as they may tend to show the grantor’s mental condition, as to which, however, see 3 Wigmore on Evidence, § 1738.