This section contains the nature of the case and procedural background.

P is the son of Marshall (H), and Susie A(W) and the father of D. H and W were married in 1894. In 1945 W made a will leaving all her property to H if he was living six months after her death. If he was not then living her property was to go to P. In 1948, W was adjudged an incompetent, and H was appointed her guardian. He relinquished the guardianship and was replaced by P on March 28, 1957. W died on September 26, 1957. H died on December 10, 1957. Between 1950 and March 28, 1957, H made gifts of community property totaling $29,543.76 to Ds. After March 28, 1957, he gave Ds certain stock, to which the trial court assigned no value and other assets valued at $26,665.89. W was incapable of giving her consent to any of these gifts. P brought a claim against Ds to recover W’s one-half interest under Section 172. The trial court agreed with P and Ds appealed.

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