Duhaney

On this appeal by the niece of the predeceased. first wife of Samuel Duhaney (hereafter testator) from a decree entered after special verdicts denying her contest to his December 1962 will naming as chief beneficiary his second wife, the respondent, the only questions concern the *655 instructions on undue influence and the propriety of the rejection of certain expert testimony.

As no contentions are raised concerning the sufficiency of the evidence, a brief summary of the pertinent facts will suffice. The testator died on November 8, 1963, leaving a will executed December 3, 1962, devising almost all of his $25,000 estate to respondent, Olive Louise Duhaney, whom he had married on October 2,1962. Appellant, Rosalie Tillman Calendar, the niece of the testator’s predeceased first wife Lenora, known as Suzie, was the chief beneficiary of a prior will executed in 1949.

The testator left his native Martinique after the earthquake of 1902 and married Suzie in 1913 in Mexico. Their marriage was resolemnized in 1917 after they came to Oakland. They had no children but raised a foster son, Jack Clemons, and helped send his children to college. From 1940 to 1943, appellant lived with…