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MATTER OF STANCIL CULBRETH

48 A.D.3d 564 (2008)

852 N.Y.S.2d 246

In the Matter of the Estate of ALLEN STANCIL CULBRETH, Also Known as ALLEN CULBERT, Deceased. MALISSIE J. CULBRETH et al., Respondents; ALICE B. GEDDIE, Appellant.

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

Decided February 13, 2008.

Ordered that the decree is affirmed, with costs.

The power of attorney executed by the decedent did not authorize the attorney-in-fact to make gifts. Accordingly, the gratuitous conveyances of the decedent's properties by the attorney-in-fact to her mother were in violation of the fiduciary duty she owed to the decedent, and were therefore invalid (see Matter of Agrest, 279 A.D.2d 471 [2001]). Moreover, we agree with the...

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