Henry

Plaintiff appeals from a judg ment that she .recover nothing upon her alleged causes of action seeking damages for breach of contract and for fraud. The cause was tried before the court without a jury. In its findings of fact, the trial court found that the alleged contract was nonexistent and that the allegations of fraud were untrue.

Plaintiff and Alexander Dollar, hereinafter sometimes referred to as the testator, were married in 1945. Alexander Dollar died on June 21, 1952, leaving a will which antedated his marriage to plaintiff. It is undisputed that as to plaintiff the will was revoked by the subsequent marriage, section 70 of the Probate Code being clearly applicable.

By the terms of his will dated December 8, 1942, testator left his entire estate to the defendant Mae Weinman, and named her executrix. Testator’s former wife, Ruth, who had died in 1942, was defendant Weinman’s daughter. It appears that the relationship between the testator and his mother-in-law always was a very close one and that a substantial part of his estate had its origin in gifts from Mrs. Weinman to her daughter, Ruth, and was inherited by him upon Ruth’s death. After Alexander Dollar’s death, his…