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BRYANT v. BRYANT

No. 61169-6.

125 Wn.2d 113 (1994)

882 P.2d 169

ELAINE J. BRYANT, Respondent, v. FREDERICK A. BRYANT, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

As amended by order December 2, 1994.

Attorney(s) appearing for the Case

Maltman, Reed, North, Ahrens & Malnati, P.S., by Douglass A. North, for petitioners.

Keith A. Buchholz and Tracy, McDaniel & Buchholz, for respondent.

[As amended by order of the Supreme Court December 2, 1994.]

JOHNSON, J.

This case presents the issue of whether a power of attorney authorizes gift transfers of community property. We hold a power of attorney does not permit gifts of community property unless such authority is expressly provided in the instrument.

FACTS

Elaine and Frederick Bryant were married in 1955. The Bryants established Halo Homes, Inc., a land development

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