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Home / Courts / Trusts & Estates – Inter Vivos Transfers – Power of Attorney – No Gifting Provision – Tort/Negligence – Breach of Fiduciary Duty – Conversion (access required)

Trusts & Estates – Inter Vivos Transfers – Power of Attorney – No Gifting Provision – Tort/Negligence – Breach of Fiduciary Duty – Conversion (access required)

Gordon v. Busbee Where the wife’s power of attorney did not contain a gift-giving provision, and where the record contains no written evidence of her authorization for her husband/attorney-in-fact to make the transfers he did, the trial court erred in failing to direct a verdict for the wife’s heirs as to any transactions involving the husband’s taking funds that were undisputedly the wife’s and transferring them into a fund solely owned by him. We affirm in part and reverse in part the trial court’s denial of plaintiffs’ motions.

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