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SMITH v. MOUNTJOY

Record No. 091470.

694 S.E.2d 598 (2010)

Carol SMITH, in Her Capacity as Executrix of the Estate of Evelyn B. Smith and in Her Capacity as Trustee of the Evelyn B. Smith Inter Vivos Revocable Trust v. Jean MOUNTJOY, in her Capacity as Executrix of the Estate of Theodore M. Smith.

Supreme Court of Virginia.

June 10, 2010.

Attorney(s) appearing for the Case

Thomas W. Repczynski (Christopher A. Glaser, Arlington; Arianna Gleckel; Bean, Kinney & Korman, on briefs), for appellant.

Mark E. Kellogg (Rebecca D. Weir; Becker, Kellogg & Berry, on brief), Springfield, for appellee.

Present: All the Justices.

OPINION BY Justice CYNTHIA D. KINSER.

This appeal presents two primary issues: whether certain transactions undertaken by an attorney-in-fact constituted a gift, which the attorney-in-fact was not authorized to make, and if so, whether the principal nevertheless ratified the agent's acts. Because we conclude, inter alia, that the transactions at issue were a gift and that ratification did not occur, we will affirm the circuit court's judgment.

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