IN RE SUCCESSION OF AUCOIN

No. 99 CA 2171.

771 So.2d 286 (2000)

SUCCESSION OF Buford Augustus AUCOIN and His Wife, Ruby Lee Prestidge Aucoin.

Court of Appeal of Louisiana, First Circuit.

November 8, 2000.


Attorney(s) appearing for the Case

Allen A. McElroy, Jr., Berwick, for Spencer Augustus Aucoin and Elaine Mary Dupre Aucoin.

David M. Kaufman, Lafayette, for Sharon Theresa Aucoin Cain, Individually and as Provisional Administratrix of Buford Augustus Aucoin and Ruby Lee Prestidge Aucoin.

Before: FOIL, FITZSIMMONS and DUPLANTIER, JJ.


FOIL, Judge.

At issue in this appeal is whether a general power of attorney authorized a husband to donate his wife's interest in their family home to one of their children. We conclude that the power of attorney at issue did not expressly authorize the husband to donate his wife's interest in immovable property, and affirm the judgment nullifying that donation.

BACKGROUND

Sharon Cain and Spencer Aucoin...

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