Morton

This is an action to recover upon a rejected claim against the estate of a deceased person. As stated by counsel for appellant, the cause of action is upon a quantum meruit for services alleged to have been rendered •to the decedent by the plaintiff, both claim and complaint containing the incidental allegation that -the decedent had promised to provide for plaintiff by will, but had not done so in the will admitted to probate.

An agreement to make any provision for any person by will is invalid, unless the same or some note or memorandum thereof is in writing subscribed by the party to be charged or by his agent. (Civ. Code, sec. 1624, subd. 7.) It is in evidence that in April, 1913, the decedent made a will which by its terms gave to the plaintiff the sum of $150 and also made the plaintiff one of four residuary legatees, but this will was revoked by the later will which has been admitted to probate and in which no provision is made for the plaintiff. The court found the facts to be that the plaintiff did not render any services to the decedent'in reliance upon or because of any promise of decedent to make plaintiff a beneficiary under her will, and that no contract was ever…