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OTT v. L & J HOLDINGS, LLC

Record No. 070228.

654 S.E.2d 902 (2008)

Janet M. OTT, Individually and as Personal Representative of the Estate of Admiral Dewey Monroe, Deceased v. L & J HOLDINGS, LLC, et al.

Supreme Court of Virginia.

January 11, 2008.

Attorney(s) appearing for the Case

Russell H. Roberts, for appellant.

Christopher E. Gatewood, Richmond (William E. Glover; Paul A. Simpson, Fredericksburg; Hirschler Fleischer, Richmond; Glover & Dahnk, on brief), Fredericksburg, for appellees.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and RUSSELL, S.J.

OPINION BY Senior Justice CHARLES S. RUSSELL.

This appeal presents the question whether a deed, executed pursuant to a power of attorney, should be set aside on the ground that it exceeded the authority of the attorney-in-fact.

Facts and Proceedings

The essential facts are undisputed, although the parties differ as to the interpretations and inferences to be drawn from them. Admiral Dewey Monroe (Dewey) and his wife, Lou Ann Monroe (Lou Ann...

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