Ralph Yribar v. H. B. Fitzpatrick and

The opinion of this court filed herein March 19, 1964, is withdrawn and this opinion is substituted therefor. The testator was a Basque immigrant who arrived in this country when he was approximately sixteen or seventeen years old. He began his career herding sheep and working as a laborer in various localities of the west. He came to Idaho in 1925 and married his now deceased wife, Pet Yribar, sometime around 1927. Shortly thereafter, Belle Hawkins came to live with the decedent and his wife. It appears that she was treated like a daughter. She lived with them until the death of Mrs. Yribar in 1949. The Yribars had no children, and the testator left no lineal descendants.