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Estate of Twine CA1/4
Esther Bell Twine created a 2001 trust of which Mazzetta Campbell was the sole surviving beneficiary and a December 2015 trust of which Michael Nash was a beneficiary. Michael appeals from a probate court judgment confirming the validity of the 2001 trust and declaring the December 2015 trust void due to lack of capacity and undue influence. He argues the probate court’s finding regarding Twine’s mental capacity was flawed in several respects. He also argues the court erred in ruling that all Twine’s bank accounts were assets of the 2001 trust.
Michael has not shown any error in the court’s ruling that Twine was subject to undue influence when she created the December 2015 trust. That ruling is sufficient to support the judgment’s invalidation of the December 2015 trust, so we will affirm that aspect of the judgment. But we agree that the probate court erred in ruling that all of Twine’s accounts were assets of the 2001 trust, so we will modify that portion of the judgment

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