Vanderhoof

Plaintiff appeals from a judgment of dismissal entered on an order sustaining without leave to amend a demurrer to her first amended complaint for breach of contract and negligence. The appeal lies. (Code Civ. Proc., § 904.1.)

The amended complaint alleges that, in order to provide their depositors with free notarial services, Prudential Savings and Loan Association prevailed upon Nadine C. Larson, one of its employees, to become a notary public. Larson did so in 1962 at the expense of Prudential and thereafter acted as such without any charge to Prudential customers. Larson did not receive any additional compensation for performing these services which were performed by her during regular working hours for the exclusive benefit of her employer. It was further alleged that on August 7, 1972, Einer W. Swanson, a Prudential depositor seeking notarial services, appeared before Larson and presented to her a previously typed document entitled “Last Will and Testament.” Swanson signed the purported will before Larson who acknowledged his signature. At all times Swanson believed that the acknowledgment of his signature by a notary would result in his creating a valid will.…