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ESTATE OF SARABIA

Docket No. A045376.

221 Cal.App.3d 599 (1990)

270 Cal. Rptr. 560

Estate of GUILLERMO SARABIA, Deceased. FREDERICK WINSTON, Contestant and Appellant, v. LEONARD C. GIBBS, Claimant and Respondent.

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

June 21, 1990.

Attorney(s) appearing for the Case

COUNSEL

Carr & Mussman, William E. Mussman and William E. Mussman III for Contestant and Appellant.

Carr, Smulyan & Hartman, George M. Carr and Yale H. Smulyan for Claimant and Respondent.

OPINION

POCHE, J.

(1a) The law of California allows a will to be refused admission to probate if it is the product of undue influence exercised by a beneficiary under the will. A person contesting a will on this ground is aided by a presumption of undue influence if the contestant produces evidence that the beneficiary (1) had a confidential relationship with the decedent...

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