(Download) "Metcalf v. Pesock" by In the Superior Court of Pennsylvania # Book PDF Kindle ePub Free
eBook details
- Title: Metcalf v. Pesock
- Author : In the Superior Court of Pennsylvania
- Release Date : January 12, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
1 This is an appeal from the order entering judgment on the pleadings in favor of Appellee in an action to set aside a deed Appellant executed in his capacity as the decedents attorney-in-fact. It is undisputed that Appellant, the decedents husband, acting as the decedents attorney-in-fact, made a gift of certain real property from the decedent to himself. Appellee, the decedents son, claimed the durable power of attorney the decedent executed to Appellant did not give Appellant the authority to make such a gift. The trial court agreed, finding the language of the power of attorney document was not sufficiently specific to grant such power, but went on to allow that some language in the document was arguably sufficient to grant power to make a limited gift, which this property was not clearly shown to be. We affirm, but decline to go as far as the trial court did. We do not agree the power of attorney document contained language granting Appellant the authority to make gifts of any kind.