Evidence that the decedent was eighty-nine years old, unable to perform the usual activities of daily living, experienced memory lapses, and exhibited other characteristics of old age and declining mental health were insufficient to overcome presumption of testamentary capacity, but was evidence of weakened intellect and so a presumption of undue influence arose from the execution of a “transfer on death” beneficiary designation naming as primary beneficiary the son to whom the decedent had given a power of attorney and who was involved in all decisions about the decedent’s care.  However, there was sufficient evidence that the decedent exercised independent judgment to overcome the presumption of undue influence.  LaVeglia Estate, 3 Fid.Rep.3d 322 (O.C. Carbon 2013):