Porporato

Plaintiff appeals from a judgment of dismissal entered when the court sustained a demurrer to her complaint for quasi-speeifie performance of an alleged oral agreement to devise real property. The following narrative takes at face value the material allegations of the amended complaint.

Appellant was the daughter-in-law of John Porporato, decedent; respondent was the residuary beneficiary of decedent’s will and devisee of real property located on Marina Boulevard at Webster Street in San Francisco.

Appellant married decedent’s son in. 1935. The couple moved to San Francisco from Omaha and lived for a year and a half in a flat owned by the decedent. During this period a close and tender relationship developed between appellant and *673 decedent: When decedent decided to build a residence on his Marina property, he also had a second dwelling constructed on the lot for the use of his son and daughter-in-law. Decedent’s wife refused to move from North Beach to the Marina dwelling; thereupon decedent asked appellant and his son to move into the main house. They did so, and appellant has lived there ever since.

Appellant’s husband entered the Navy in 1942. In 1943 appellant gave…