Estate of Mary Catherine IX Gaynor - Page 5




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               In Wosczyna v. Estate of Antone, 1994 WL 411298, at *2                 
          (Conn. Super. Ct. July 26, 1994), in a declaratory judgment                 
          action to quiet title to an interest in real property (on motion            
          for summary judgment to void a transfer made for no consideration           
          by an attorney-in-fact), the court quoted the following language            
          of the Act:                                                                 

               “In a statutory short form power of attorney, the                      
               language conferring general authority with respect to                  
               real estate transactions shall be construed to mean                    
               that the principal authorizes the agent: * * * (2) to                  
               sell, to exchange, to convey either with or without                    
               covenants, to quit claim, * * * or otherwise to dispose                
               of, any estate or interest in land * * *”                              

          With no further analysis, the Connecticut Superior Court                    
          summarily concluded that attorneys-in fact in Connecticut were              
          not prohibited from making gifts of their principal’s property              
          and denied the motion for summary judgment.  Id. at *3.                     
               In Estate of Antone v. Staphos, 1994 WL 669694, at *2 (Conn.           
          Super. Ct. Nov. 17, 1994), a subsequent case involving the same             
          underlying facts as those involved in Wosczyna, the Connecticut             
          Superior Court acknowledged that the Act might be interpreted to            
          authorize attorneys-in-fact to make gifts of their principal’s              
          property.  Upon further consideration, however, the Connecticut             
          Superior Court specifically concluded that, absent express                  
          language in a POA to the contrary, the Act does not authorize               








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