- 28 - specific and general powers were transfers for value.” Id. at 901. The decision of the Court of Appeals for the Fourth Circuit in Estate of Casey is distinguishable from the instant case. Although the power of attorney in Estate of Casey authorized the decedent’s attorney-in-fact “To lease, sell, grant, convey, assign, transfer, mortgage and set over” decedent’s property, such actions were required to be taken “for such consideration as he may deem advantageous”. Id. at 896. In addition, the case record as summarized in the opinions of this Court, see Estate of Casey v. Commissioner, T.C. Memo. 1989-511, and the Court of Appeals for the Fourth Circuit does not disclose with the same clarity as in the present case what understanding, if any, decedent had regarding the scope of authority conferred by the power of attorney that she signed. In contrast, the powers of attorney at issue here do not limit the authority of the attorney-in-fact to conveyances for consideration as she deems advantageous, and the record in the instant case contains evidence from which we can ascertain decedent’s intention to confer broad authority on her attorney-in-fact.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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