- 15 - construction", we conclude that a New York court would invalidate the transfers in the present case. The court would apply the rule set out in Semmler v. Naples, supra, and invalidate purported gifts by the attorney-in-fact absent explicit authority in the power of attorney instrument. The power of attorney in the present case did not explicitly or implicitly authorize Marsha to make gifts of decedent's funds. Thus, no valid gifts were made and decedent retained the right to the funds. We further conclude that the New York Court of Appeals would be particularly reluctant to imply broad authority in Citibank's standard two-page fill-in-the-blanks form. Petitioner argues that a New York court might ratify the gifts because they benefit the estate by reducing its Federal estate tax liability. It bases its argument on Matter of Cohen, an unreported Surrogate's Court opinion. The court stated: To the extent the petition seeks the ratification of various gifts amounting to sums far in excess of the annual exclusion made by the attorney-in-fact on behalf of Rose J. Cohen during the years 1985 through 1993, the relief requested is denied. The power of attorney heretofore described was executed in statutory short form and contains no expressed power for gift giving. In these circumstances, the power of attorney conferred no such authority upon the attorney-in-fact and those gifts were accordingly unauthorized and their ratification is denied (Moglia v. Moglia, 114 AD2d 347). * * * [N.Y. Law J., August 17, 1993, at 26.] This language is subject to varying interpretations. Petitioner contends that the court in Matter of Cohen ratified the gifts to the extent they did not exceed the annual exclusionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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