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made prior to her death and the report of a forensic document
examiner) that Ms. Cade's signature on the durable power of
attorney may have been forged. Further, respondent presented
probative evidence (including physician notes and reports) that
Ms. Cade may have lacked the requisite mental capacity to execute
a power of attorney on the date in question. Accordingly, we
shall deny petitioner's motion for partial summary judgment.
To reflect the foregoing,
An order will be issued
denying petitioner's motion for
partial summary judgment.
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Last modified: May 25, 2011