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ARCHBOLD v. REIFENRATH

No. S-06-1124.

744 N.W.2d 701 (2008)

274 Neb. 894

Steven L. ARCHBOLD, Successor Personal Representative of the Estate of Alphons Reifenrath, Deceased, Appellee, v. Joseph F. REIFENRATH and Donna Reifenrath, Appellants,

Supreme Court of Nebraska.

January 25, 2008.

Attorney(s) appearing for the Case

David. A. Domina and Claudia L. Stringfield-Johnson, of Domina Law Group, P.C., L.L.O., for appellants.

Thomas H. DeLay, of Jewell, Collins, DeLay & Flood, for appellee.

HEAVICAN, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

McCORMACK, J.

NATURE OF CASE

Steven L. Archbold, successor personal representative of the estate of Alphons Reifenrath, brought the present action against Joseph F. Reifenrath and his wife, Donna Reifenrath (collectively the appellants), to recover assets formerly belonging to Alphons. The district court found that Joseph, while acting as Alphons' power of attorney (POA), did not have authorization to make substantially gratuitous transfers of Alphons' assets...

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