- 35 - However, for the sake of completeness, the Court would note briefly that even if the Court were to deny respondent’s motion and/or rule against respondent on the duty of consistency argument, none of the theories advanced by petitioners would be sufficient to overcome the form of the E Trade account and thus to show that transactions therein should be considered those of Mr. Arberg. To highlight a few shortcomings, the Court would begin by observing that petitioners have generally failed to introduce evidence that would establish the factual predicate for the doctrines they cite. As to an alleged power of attorney, petitioners have not proffered even one document related to any such grant of authority. Furthermore, even if the record corroborated a power of attorney in favor of Mr. Arberg, that fact would actually cut against petitioners’ position, indicating instead that Mr. Arberg was acting on Ms. Quinn’s behalf and dealing with her property, not his own. Likewise, to show either a resulting or a constructive trust under Georgia law, petitioners would need as a threshold matter to establish the source of the funding for the E Trade account. See Ga. Code Ann. secs. 53-12-91, 53-12-92, 53-12-93 (1997). Yet petitioners did not introduce any document related to tracing the moneys deposited in the E Trade account (or, for that matter, even to the opening of the account) and only testified generallyPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 NextLast modified: November 10, 2007