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HUNTER v. KLIMOWICZ

No. 45A03-0606-CV-263.

867 N.E.2d 626 (2007)

Mari O. HUNTER, Individually and as Trustee of the Anne Klimowicz Irrevocable Trust, Appellant-Defendant, v. Anne KLIMOWICZ, Appellee-Plaintiff.

Court of Appeals of Indiana.

June 5, 2007.

Attorney(s) appearing for the Case

Patrick B. McEuen, Millbranth & Bush, Valparaiso, IN, Attorney for Appellant.

Margo R. Babineaux, Meinzer & Babineaux, St. John, IN, Attorney for Appellee.

OPINION

BAKER, Chief Judge.

Appellant-defendant Mari O. Hunter, individually and as trustee of the Anne Klimowicz Irrevocable Trust (the Trust), appeals from the trial court's order rescinding the Trust. Hunter raises a number of arguments regarding the rescission of the Trust, focusing on allegations of undue influence and capacity. Finding that Anne lacked proper capacity to create the Trust, we affirm the judgment of the trial court.

FACTS...

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