Estate of Sylvia P. Goldman, Deceased, Marsha Goldberg and Linda Tanenbaum, Co-executrices - Page 12

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            Marsha, however, asks us to believe that her gravely ill mother                           
            chose personally to write numerous checks of modest amounts to                            
            family members and routine checks to creditors, yet delegated to                          
            Marsha the pleasure of writing checks of large amounts to family                          
            members.  In essence, Marsha's testimony did not have "that                               
            reasonableness and probability, in view of all the circumstances,                         
            as would naturally lead to the belief that a gift had been made                           
            and intended."  In re Sherman, 125 N.E. 546, 547 (1919); cf.                              
            McKeon v. Van Slyck, 119 N.E. 851, 852 (1918); Glasberg v.                                
            Krauss, 260 N.Y.S.2d 570 (A.D. 1 Dept. 1965); 62 NY Jur. 2d Gifts                         
            sec. 5 (1987) (stating that "courts look with suspicion upon                              
            gifts alleged to have been made by a donor who is dead, and                               
            therefore unable to corroborate or deny the claim").  Therefore,                          
            we conclude that petitioner has not met its burden of                                     
            establishing, by clear and convincing evidence, decedent's intent                         
            to make gifts.                                                                            
                  B.  Marsha's Authority Pursuant to the Power of Attorney                            
                  We must next determine whether the power of attorney                                
            authorized Marsha to execute gifts on behalf of decedent.  We                             
            turn to the law of New York to analyze the scope of the power of                          
            attorney.  Morgan v. Commissioner, 309 U.S. 78, 80 (1940); Estate                         
            of Casey v. Commissioner, 948 F.2d 895 (4th Cir. 1991), revg.                             
            T.C. Memo. 1989-511.                                                                      
                  The New York Court of Appeals has not considered whether a                          
            power of attorney may confer the authority to make gifts where                            

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