HENSLEY v. SUPERIOR COURT HENSLEY (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.