- 4 - decedent. Mr. Hunt, Mr. Hammontree, and Ms. Williams were each recipients of one of the annuities in issue. The durable power of attorney contained broad grants of authority which stated, inter alia: My attorneys-in-fact shall have all of the powers, discretions, elections, and authorities granted by statute, common law, and under any rule of court. * * * * * * * My attorneys-in-fact may sell, convey, lease, exchange, mortgage, pledge, release, hypothecate, or otherwise deal with, dispose of, exchange, or encumber any of my property, either real or personal. * * * * * * * My attorneys-in-fact may act in all matters with respect to all powers described herein as freely, fully, and effectively as I could or might do personally if present and of sound and disposing mind. The power of attorney did not, however, contain an explicit grant of gift-giving authority. Decedent executed the durable power of attorney by her own hand on July 17, 1992, and her signature was notarized. Prior to initiating the transfer of the 19 annuities, Mr. Murphy consulted the attorney who had drafted the durable power of attorney regarding whether the attorneys in fact had the power to make the transfers under the durable power of attorney. Mr. Murphy was told that the attorneys in fact did have the power to make such transfers. The Rosa Neff Living Trust (the trust), a revocable trust, was created on August 27, 1992, by Mr. Hunt, Mr. Hammontree, and Ms. Williams, acting as decedent's attorneys in fact. DecedentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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