In re the Estate of ACN

OPINION OF THE COURT

Marie M. Lambert, S.

In this proceeding to determine the validity of a charitable remainder unitrust, a hearing was held to determine whether the grantor was mentally competent to execute the trust. Petitioners, the decedent’s three children by a prior marriage, assert that the grantor suffered from a mental disorder which deprived him of the requisite capacity to understand the nature and consequences of the unitrust and the ability to exercise judgment with respect thereto. Respondent, the sur*1044viving spouse who was married to decedent for seven years prior to his death,…