Whether the dismissal (non-lieu) in favor of E. for alleged breach of trust and theft should be overturned and the case sent to trial.
The dismissal was upheld because the record did not show unlawful enrichment by E. at the expense of the estate, and her explanations about the withdrawals and vehicle were plausible.
The vehicle appeared to have been a gift; the withdrawals after death were used for ordinary bills and funeral costs; pre-death withdrawals were plausibly handed to the deceased or made at his request; and E. also had a credible claim for care provided, negating an intent to enrich herself.