Haweis

is an appeal from a judgment in favor of respondent for $63,000. Plaintiff’s claim is predicated on a charge of usury. The facts, as appear from the complaint and from the transcript of the evidence in the case, are as follows:

Respondent and appellant were, and for a number of years had been, friends. Respondent lost his wife in December, 1925, and was in financial straits. This was known to appellant. Respondent’s deceased wife had left an estate worth $408,000, which was her separate property at the time of her marriage to respondent. Subsequent to their marriage, and on January 12, 1925, respondent and his wife entered into an agreement by the terms of which she agreed to bequeath to him one-half of her property, he agreeing “to be faithful to his wife and to perform his marital duties in providing for and caring for his wife’’. The record fails to show any evidence indicating that respondent in any respect failed to perform his part of such agreement. Mrs. Haweis left a last will by which she devised one-half of her said property in the following word^: “While, by antenuptial agreement between myself and my husband, Emil Haweis, it was among other things provided, that on…