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HARNICK v. HARNICK

No. 83-1340.

444 So.2d 87 (1984)

Carl HARNICK, Appellant, v. Ethel HARNICK, Appellee.

District Court of Appeal of Florida, Third District.

January 31, 1984.

Attorney(s) appearing for the Case

Keith, Mack, Lewis & Allison and R. Hugh Lumpkin, Miami, for appellant.

Burnett Roth, Miami Beach, for appellee.

Before BARKDULL, NESBITT and FERGUSON, JJ.

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...

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