
    No. 26,963.
    R. L. Funk, as Guardian of Margaret A. Fish, an Incompetent, Appellee, v. Robert S. Fish, Appellant.
    
    OPINION DENYING A REHEARING.
    Appeal from Brown district court; C. W. Ryan, judge.
    Opinion denying a rehearing filed March 24, 1927.
    (For original opinion of affirmance see 122 Kan. 295.)
    
      Bennett R. Wheeler, S. M. Brewster, John L. Hunt, all of Topeka, and Paul B. Bailey, of Hiawatha, for the appellant.
    
      W. F. Means and W. E. Archer, both of Hiawatha, for the appellee.
   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.  