Cline

Plaintiff commenced this action against the administrator of the estate of William Baymond Hathaway, deceased, for a determination that she is the owner of an undivided one-half of his entire estate. Her fourth amended complaint, upon which the action went to trial, alleged an oral agreement between decedent and plaintiff that they “should pool their earnings and share equally in their joint accumulations.’’ Said complaint set forth in detail the agreement between decedent and plaintiff and the pooling of their work and labor for a period from 1927 to decedent’s death on March 4, 1949. The trial court found that the agreement had been made, that plaintiff had performed her part of it and judgment was entered awarding plaintiff a one-half interest in the entire estate. Defendant administrator has appealed from said judgment.

Appellant urges as grounds for a reversal of the judgment: (1) That the findings and judgment are not supported by the evidence; (2) that the court erred in permitting respondent to testify as to statements of decedent; and (3) that the statute of frauds bars respondent’s action.

Before discussing these contentions we shall summarize briefly the evidence as…