LIPEZ, Justice.
[¶ 1] Marilyn S. Patenaude, one of five surviving beneficiaries of the trust created by the will of her grandmother, Zoa J. Spear, appeals from the judgment of the Knox County Probate Court (Emery, J.) approving the transfer of certain trust properties to the trustee in his individual capacity. Patenaude contends that the Probate Court erred as a matter of law in approving the transfer. We agree and vacate the judgment.
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