Fender v. Fender

Gregory, Justice:

James E. Fender appeals from an order for recission of a deed to real property, and restitution of money and personal property transferred by appellant to himself as attorney in fact of the late Leroy Fender. We affirm.

Appellant was granted a general power of attorney in an instrument executed by Mr. Fender dated February 2,1982. Three weeks later, appellant transferred 37.4 acres of real estate and a car, both owned by Leroy Fender, to himself. He also transferred monies in two bank accounts 1 to himself.

Respondents, devisees and legatees under Leroy Fender’s will, brought…