HARNICK v. HARNICK

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.