Simon

This is an action by appellant on a rejected claim against the respondent Bank of America, executor of the estate of Jennie Monette Hicks, deceased, for services rendered to Mrs. Hicks as companion, housekeeper, nurse, chauffeur and attendant, and for the purchase of clothing and merchandise at the decedent’s request, between September 1941 and August 30, 1959, and for advancements, in the sum of $8,000. The claim was rejected and suit was filed. A bill of particulars was demanded and was supplied in the amount of $4,696, showing items commencing October 3, 1946, and ending August 30, 1959.

In the estate proceedings an application was made to set aside the will by contest and appellant’s deposition was taken. In this petition appellant was named as one of the respondents, as were also the County of Kern and the First Christian Church, as beneficiaries under the will. Appellant’s bequest under the will was $500. Appellant’s deposition was taken by the contestant, Alice Cochrum, on May 26, 1961, and she was examined by Mr. Mull, Chief Deputy Counsel for the County of Kern. Mr. Mull’s questions concerned appellant’s diary, how she made the notes therein, the source of the notes,…