Finley

Plaintiff appeals from a judgment dismissing the action for failure to prosecute.

Section 583 of the Code of Civil Procedure provides in part: "The court may in its discretion dismiss any action *364 for want of prosecution on motion of the defendant and after due notice to the plaintiff, whenever plaintiff has failed for two years after action is filed to bring such action to trial. . . .”

“The discretion is that of the trial court and it will be disturbed only in cases of manifest abuse.” (Hayashi v. Lorenz, 42 Cal.2d 848, 851 [ 271 P.2d 18 ].)

We set forth hereinafter the circumstances which were before the trial court when it heard and granted defendant’s motion to dismiss.

The action was filed October 11, 1957. The complaint alleged that plaintiff had been a close friend and nurse of Ella Thompson, deceased; that the deceased had promised, in consideration of plaintiff’s services, to leave her home to plaintiff. In 1950 the decedent had made a will leaving her home on Washington Street, in Pasadena, to plaintiff. In 1957 this home was sold when it was about to be condemned for school purposes, and with the proceeds the decedent purchased another home on Navarra Street.…