
    Carl HARNICK, Appellant, v. Ethel HARNICK, Appellee.
    No. 83-1340.
    District Court of Appeal of Florida, Third District.
    Jan. 31, 1984.
    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).

Affirmed.  