Mrs. Ridenour's domicile remained in California, Mr. Ridenour was required to be away from home for substantial periods of time because the construction projects at Jelco were in various locations in the WesternUnited States*175 and Canada.
In 1962, Mr. and Mrs. Ridenour were having marital difficulties and in July of that year Mrs. Ridenour filed for a divorce in Pasadena, California. In November of 1962 Mr. and Mrs. Ridenour were reconciled and the divorce action was dismissed early in 1963. Thereafter Mr. and Mrs. Ridenour again had marital difficulties. During 1964, because of these marital difficulties, they made an oral agreement to divide their community property. Mr. and Mrs. Ridenour had approximately $ 41,000 in a savings account. Mrs. Ridenour had withdrawn $ 40,000 of this amount. Under the oral agreement she was to keep the $ 40,000 she had withdrawn and the home, furniture and car were to be hers. Pursuant to this agreement, Mr. Ridenour deeded his interest in the home to Mrs. Ridenour. The home had been purchased in 1962 and at the time Mr. Ridenour deeded his interest to decedent in 1964 it had a fair market value of approximately $ 30,000. The remaining property, which was primarily cash of between $ 70,000 and $ 100,000, was to be Mr. Ridenour's property.
Mr. and Mrs. Ridenour were never legally separated and there was no court order or written agreement with respect to their*176 separation or division of property.Decedent was not employed outside of the home in 1962 or any time thereafter. Mr. Ridenour continued, during the entire period from 1962 until decedent's death, to pay all living expenses for decedent and their son.
In 1965 Mrs. Ridenour had an operation for cancer. At about the time of decedent's cancer operation Mr. Ridenour returned to the home in which Mrs. Ridenour was living and he took care of her during her illness. After the operation Mr. Ridenour was informed by the doctors that the operation had been successful. In 1966, about 6 months after the first operation, Mrs. Ridenour had a second cancer operation. Mr. Ridenour again lived in the home with her and took care of her during this operation. After the second operation the doctors informed Mr. Ridenour that the operation had not been successful and that Mrs. Ridenour had terminal cancer. Mr. Ridenour thereafter remained with Mrs. Ridenour until the time of her death.
During 1966, Mr. Ridenour and decedent agreed that Mr. Ridenour would quitclaim his interest in a note payable to them jointly to Mrs. Ridenour and also that he would place money into their joint bank account.*177 Mr. Ridenour and decedent had a joint checking account at the San Gabriel Branch of the United California Bank which had been opened on March 27, 1962.
Mr. Ridenour transferred the note to decedent because of decedent's concern about her security and that of their son.Also, she stated to Mr. Ridenour that he had taken more of the money than she had when they