Estate of Mary Catherine IX Gaynor - Page 7




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               As a result of the above legal analysis, the Connecticut               
          Superior Court in Estate of Antone, denied a motion for summary             
          judgment.                                                                   
               Thereafter, the above cases were consolidated for trial and            
          opinion on the legal issue as to whether attorneys-in-fact were             
          authorized to make gifts under the Act and on the factual issue             
          as to whether the attorney-in-fact violated his fiduciary duty to           
          his principal by making the gifts.  Wosczyna v. Estate of Antone,           
          1996 WL 434261 (Conn. Super. Ct. July 17, 1996).  In its opinion,           
          the Connecticut Superior Court did not decide the legal issue and           
          simply held that the attorney-in-fact had acted in his own self-            
          interest, had violated his fiduciary duty of loyalty to his                 
          principal, and that the gift was revocable.  Id. at *4.                     
               Petitioner contends that since the broad language of the Act           
          authorizes attorneys-in-fact to act as “alter egos” of their                
          principals, decedent’s attorneys-in-fact herein were implicitly             
          authorized under the Act to make gifts on decedent’s behalf, and            
          therefore that the $144,400 value of decedent’s transferred                 
          property need not be included in decedent’s gross estate.                   
               Respondent contends that the Act and the POA neither                   
          explicitly nor implicitly authorize decedent’s attorneys-in-fact            
          to make gifts on decedent’s behalf, and respondent contends that            
          until decedent’s death the transfers of decedent’s property were            
          revocable by decedent.                                                      






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