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real property owned by the decedent on the date of her
death.
FINDINGS OF FACT
The decedent, Juanita F. Sirmans, died testate on
September 7, 1990. She was a resident of DeKalb County,
Georgia, at the time. She was survived by her son,
Mr. Dan L. Sirmans, who was appointed executor of her
estate. Mr. Sirmans resided in Manilus, New York, at
the time the instant petition was filed.
At the time of trial, Mr. Sirmans held a master
of science degree from Rochester Institute of Technology,
and he was in the process of completing his Ph.D. at
Syracuse University. Mr. Sirmans was employed by Rochester
Institute of Technology as an adjunct professor and by
Carrier Corp. as a senior consulting manager.
In 1984, while the decedent was living in Atlanta,
Georgia, she suffered a severe stroke. After the stroke,
she moved to her son's home, which was in St. Louis,
Missouri, at that time. Mr. Sirmans soon realized that the
decedent was no longer capable of handling her own
financial affairs. Accordingly, at Mr. Sirmans'
suggestion, the decedent executed a power of attorney
authorizing him to act on her behalf. Mr. Sirmans handled
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