1. Home
  2. Browse Decisions
  3. S.W.3d
  4. 107 S.W.3d
  5. 107 S.W.3d 778 (2003)
 

VOGT v. WARNOCK

No. 08-01-00108-CV.

107 S.W.3d 778 (2003)

Rebecca VOGT, Appellant, v. Kirby WARNOCK, Independent Executor of the Estate of Barton H. Warnock, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled June 25, 2003.

Attorney(s) appearing for the Case

L. Shane Stokes, Lynch, Chappell & Alsup, Midland, for appellant.

Dennis A. Fuller, Dallas, for appellee.

Before Panel No. 3 BARAJAS, C.J., LARSEN, and CHEW, JJ.

OPINION

SUSAN LARSEN, Justice.

This case involves lifetime gifts of real property and liquid assets from Barton Warnock, an elderly man, to Rebecca Vogt, a younger woman. It presents this issue: Does execution of a power of attorney in favor of a person who has never acted under its authority create a fiduciary relationship as a matter of law? We conclude that the answer is yes, and the trial court properly charged the jury accordingly. Nevertheless...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases