Jewell

This appeal presents two questions. Does the evidence support the finding that sale of decedent’s home was the result of undue influence? If so, does the sale work an ademption of a devise of that property?

Albert F. Holmes was a retired cost accountant. In 1955, during his wife’s last illness, he employed a neighbor, Mrs. Dawson, as housekeeper. Upon Mrs. Holmes’ death in 1956, Albert inherited the home. Mrs. Dawson continued as housekeeper. In October 1959, Albert suffered a stroke, and in November entered a rest home. Shortly before his stroke, he had deposited funds in a savings account in the name of Mrs. Dawson and himself, as joint tenants, so that she might have access to his funds in case of emergency. Holographic will, dated April 19, 1959, devised his “house and furnishings” in San Francisco to his brother-in-law, Harold Jewell, and Mrs. Jewell. The residue of his estate was left to Mrs. Dawson. In 1960, Albert discussed the sale of his home with Mrs. Dawson. In early January 1961, she arranged a listing of the house for sale. The broker called upon Albert at the rest home several times. Each call was by appointment arranged by Mrs. Dawson and she was present at each…