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GOFF v. WALKER

No. 90-SC-141-DG.

809 S.W.2d 698 (1991)

Anna F. Townsend GOFF and Thomas C. Goff, Appellants, v. Eliza Goff Pence WALKER By and Through her guardian, Mary E. Goff FIELD, Linda Ratliff and Robert Ratliff, Appellees.

Supreme Court of Kentucky.

Rehearing Denied July 3, 1991.

Attorney(s) appearing for the Case

Henry L. Rosenthal, Jr., William A. Dykeman, Winchester, Ky., for appellants.

Beverly Ann Shea, White, McCann & Stewart, Roy Fugitt, Winchester, for appellee.

WINTERSHEIMER, Justice.

This appeal is from a judgment based on a jury verdict which found Anna and Thomas Goff liable for a breach of fiduciary duty.

The principal legal issue is whether, in the absence of an adjudication that Thomas Goff was incompetent, the trial judge was under a duty to take steps to protect the interest of Thomas Goff.

In 1981, 83-year-old Eliza Goff Pence Walker appointed Thomas Goff as her attorney-in-fact. In 1986, this action...

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