WABNER v. BLACK

No. 98-SC-1051-DG.

7 S.W.3d 379 (1999)

Nancy WABNER, Appellant, v. Ron BLACK and Frank Bain, Co-Executors of the Estate of George Tapp, Deceased, Appellees.

Supreme Court of Kentucky.

December 16, 1999.


Attorney(s) appearing for the Case

Peter F. Ervin, Louisville, KY, Joel C. Rich, Dixon, for Appellant.

David E. Gray, Bowers, Harrison, Kent & Miller, Evansville, IN, William E. Quisenberry, Jr., Quisenberry Quisenberry & Dant, Calhoun, for Appellee.


LAMBERT, Chief Justice.

Pursuant to CR 76.20, discretionary review was granted to consider whether this Court should adopt a per se rule of law which prohibits attorneys in fact from making gifts to themselves, without explicit written authorization by the grantor, pursuant to a durable power of attorney.

On March 11, 1994, elderly George Tapp executed a durable power of attorney in favor of his niece, Nancy Wabner. He had recently relocated from Evansville...

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