Florida District Courts of Appeal, 1984

Harnick v. Harnick

Harnick v. Harnick
Florida District Courts of Appeal · Decided January 31, 1984 · Barkdull, Ferguson, Nesbitt
444 So. 2d 87; 1984 Fla. App. LEXIS 11577 (Southern Reporter, Second Series)
Harnick v. Harnick

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Opinion of the Court

PER CURIAM.

A presumption of undue influence did not arise where the daughter, beneficiary of inter-vivos gifts and beneficiary under a will, although occupying a confidential relationship with the testator, was not shown to have actively procured the will or the gifts. See In re Estate of Carpenter, 253 So.2d 697 (Fla. 1971); In re Estate of Smith, 212 So.2d 74 (Fla. 4th DCA 1968).

Affirmed.

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