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ESTATE OF AUSSERESSES

Docket No. 18327.

178 Cal.App.2d 487 (1960)

3 Cal. Rptr. 124

Estate of ROSALIE J. AUSSERESSES, Deceased. FREDERICK D. AUSSERESSES et al., Appellants, v. JOSEPH S. QUAN et al., Respondents.

Court of Appeals of California, First District, Division One.

March 1, 1960.

Attorney(s) appearing for the Case

Connolly & Farbstein for Appellants.

Leonardo S. Bacci, Robert K. Fong and J. Joseph Sullivan for Respondents.

DUNIWAY, J.

In this will contest, based solely upon undue influence, the court below granted a nonsuit and contestants appeal. We find that the court's decision was correct.

[1] "It is now settled that `... when the contestant has shown that the proponent of a will sustains a confidential relationship toward the testator, and actively particpates in procuring the execution of the will, and unduly profits thereby, the burden then shifts to the...

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