dissenting:
I respectfully dissent from that part of the majority opinion which holds that the amount awarded by the chancellor is excessive and should be reduced to $3,000, and in taxing Mr. and Mrs. Dunn with any part of the appeal costs.
Mr. Collins, the testator, had no living relatives and after his wife had died he induced Mr. and Mrs. Dunn to move into his home under a promise, which was proven by overwhelming evidence, to the effect that he would will them the home if they would stay there and care for him and feed him three meals a day. In my opinion he never had any intention of willing them anything, and in fact when he made a will he told the attorney who prepared it that the Dunns were expecting something out of him but were not going to get it, and accordingly he made a will wherein he gave them nothing and devised his property to two other people.
*651He was getting old and it is fortunate that he did not have any long spell of illness during the more than five years that the Dnnns lived in the home and took care of him. He was evidently a very demanding man. After the Dunns got in the home, he gave them to understand that he would have to have his meals three times a day and that every meal must be hot and that he would not eat any leftovers. I think the controlling opinion unduly emphasizes how little extra Mrs. Dunn had to do. When most homes throughout the country are satisfied with two hot meals a day, Mrs. Dunn had to go to the kitchen the third time every day and cook a hot meal, and it is no little item to further consider that the Dunns were paying for the groceries and that Mr. Collins would not permit any leftovers. I think the amount which the chancellor awarded in this case is amply supported by the testimony.
Lee and Arrington, JJ'., join in this dissent.