Butler, J.

1. The question arising here for determination is whether where the executant of a transfer of a mortgage dies after the execution of the transfer, and the document is presented for registration by the transferee and execution is admitted by a person purporting to be but not in fact the representative of the deceased, the registration of the document on such admission is a nullity as made without jurisdiction, or whether the defect was one of procedure falling within Section 87 of the Registration Act and therefore not invalidating the document. Section 35(1)(c) of the Act provides that if the person executing the document is dead and his representative or assign appears before the registering officer and admits the execution, the registering officer shall register the document. This appeal has been argued on the assumption that the person, who appeared before the registering officer, was not in fact a person legally entitled to represent the deceased transferor, the transfer having been made by the widow of the mortgagee, and execution being Admitted by the widow of the divided brother of the mortgagee. The lower appellate Court has taken the view that admission