Matthew M. Perdue - Page 3




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          of attorney appointing petitioner to serve as her attorney-in-              
          fact.  Petitioner further alleged that Ms. Cade later directed              
          petitioner to close certain of her bank accounts, pay her                   
          outstanding bills, and keep the balance of the funds for himself            
          as gifts.  The power of attorney in question does not include an            
          express authorization for petitioner to make gifts.                         
              The record shows that Ms. Cade revoked the aforementioned              
          durable power of attorney on January 17, 1992.  Ms. Cade died on            
          February 28, 1994.                                                          
          Respondent filed an answer to the petition alleging that the                
          durable power of attorney was invalid on the alternative grounds            
          that: (1) Ms. Cade's signature was forged, or (2) Ms. Cade lacked           
          the requisite mental capacity to execute the document.                      
          Petitioner filed a reply to respondent's answer asserting that              
          there is no evidence that Ms. Cade's signature on the durable               
          power of attorney is a forgery.                                             
               Petitioner subsequently filed a motion for partial summary             
          judgment accompanied by supporting exhibits.  Petitioner first              
          contends that the record shows that Ms. Cade's signature on the             
          durable power of attorney was notarized by a Texas notary public            
          and that two witnesses were present when Ms. Cade signed the                
          document.  Accordingly, petitioner maintains that he is entitled            
          to partial summary judgment that Ms. Cade's signature on the                
          durable power of attorney was not forged.  In addition,                     






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