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IN THE MATTER OF ESTATE OF FERRARA

22 A.D.3d 578 (2005)

802 N.Y.S.2d 471

In the Matter of the Estate of GEORGE J. FERRARA, Deceased. SALVATION ARMY, Appellant; DOMINICK FERRARA, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 11, 2005.

Ordered that the decree is affirmed, with costs.

"The relationship of an attorney-in-fact to his [or her] principal is that of agent and principal ... and, thus, the attorney-in-fact must act in the utmost good faith and undivided loyalty toward the principal, and must act in accordance with the highest principles of morality, fidelity, loyalty and fair dealing... Consistent with this duty, an agent may not make a gift to himself [or herself] or a third party of the...

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