HENSLEY v. SUPERIOR COURT HENSLEY (1987)

Supreme Court of California,In Bank.

HENSLEY, Petitioner, v. SUPERIOR COURT of the County of Los Angeles, Respondent; HENSLEY, Real Party in Interest.

Decided: September 25, 1987

Real Party in Interest's petition for review GRANTED. The matter is transferred to the Court of Appeal, Second Appellate District, Division Two, with directions to: (1) Vacate its order of July 3, 1987; (2) Issue an alternative writ; and (3) Reconsider, in light of Swift v. Superior Court (1952) 39 Cal.2d 358, 247 P.2d 6; Estate of Henderson (1925) 196 Cal. 623, 626, 238 P. 938; Estate of Relph (1923) 192 Cal. 451, 221 P. 361; and the right to jury trial applicable in proceedings related to will contests (Prob.Code, sections 370–373), whether the question of undue influence may be resolved in any proceeding other than a statutory will contest.

LUCAS, C.J., and MOSK, BROUSSARD, PANELLI, ARGUELLES and EAGLESON, JJ., concur.

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