Estate of Ausseresses

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.

“ 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 partiepates in procuring the execution of the will, and unduly profits thereby, the burden then shifts to the proponent to prove that the will was not induced by his undue influence. ’ (Estate of Pellegrini, 138 Cal.App.2d 143, 145 [291 P.2d 558] ; Estate of Rugani, 108…