See Giurbino v. Giurbino, 626 N.E.2d 1017, 1026 (Ohio Ct. App. 1993). A person lacks the mental capacity to contract when he does not understand "the nature of the transaction and the effects of [] his own actions[.]" Webb v. Anderson Children Trust, 160 N.E.3d 804, 811 (Ohio Ct. App. 2020); see Weinberg v. Weinberg, 117 N.E.3d 907, 913 (Ohio Ct. App. 2018). In cases where a contract implicates assets that would otherwise be subject to testamentary disposition, Ohio courts have equated contractual capacity with that of testamentary capacity.
Indeed, Plaintiff's testimony that J.R. West was having trouble remembering things is insufficient to permit the inference that he was “under a disability” or lacked the requisite mental capacity to withdraw the Engines from the 2018 Trust and sell them to Defendants. See e.g., Webb v. Betty S. Anderson Children Trust, 160 N.E.3d 804 (Ohio Ct. App. 2020) (“Evidence that a person had dementia is insufficient by itself to establish the person's lack of testamentary capacity; there must be evidence that dementia actually affected the person's capacity to make the testamentary disposition.”); In re Estate of Marsh, 2nd Dist. Greene No. 2010 CA 78, 2011-Ohio-5554, ¶ 34 (Ohio Ct. App. 2010) (“Even accepting the evidence of [the testator's] dementia/Alzheimer's as true, ‘it is not enough to show that the testator had Alzheimer's disease, even if the Alzheimer's disease existed at the time the will was executed.
Webb v. Betty S. Anderson Children Trust, 2020-Ohio-4975, 160 N.E.3d 804, ¶ 36 (1st Dist.), citing Flowers at ¶ 86, and Stewart v. Boland, 2015-Ohio-1712, 33 N.E.3d 551, ¶ 15 (1st Dist.).