Grinnan

The will of Fred M. Niquette named his brother George (respondent herein) executor and bequeathed him all of his estate except $500 to the Shriners’ Hospital for Crippled Children. Contest was filed by a sister Prances Grin-nan (appellant herein) and two nieces. The main ground of contest set up by Prances, on information and belief, is that the will was executed as a “direct result of the undue influence of George H. Niquette” in that George and decedent were brothers and both were directors and officers of Niquette ’s, Inc.; George actively assisted decedent, who was in poor health because of surgery, in the performance of his duties as president and director of the corporation, was decedent’s constant business and social companion and enjoyed a confidential relationship with decedent; and George was active in the procurement of the will which, she “is informed and believes, substantially changed a prior testamentary plan of decedent pursuant to which [she] was a substantial beneficiary of decedent’s estate.” Answers were filed and George moved for summary judgment (§ 437c, Code Civ. Proc.) to dismiss the contest. The motion was heard on declarations and granted. Prances appeals…