Legal Opinion
In re the Estate of Ferrara
New York Court of Appeals
Decided June 29, 2006PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
Article 5, title 15 of the General Obligations Law prescribes what a statutory short form power of attorney must contain, specifies the powers that the form may authorize and defines their scope. On this appeal, we hold that an agent acting under color of a statutory short form power of attorney that contains additional language augmenting the gift-giving authority must make gifts pursuant to these enhanced powers in the principal’s best interest.
I
On June 10,1999, decedent George J. Ferrara, a retired stockbroker who was residing in Florida at the time, executed a…
2Cases cited3 opinions
- Semmler v. NaplesAppellate Division of the Supreme Court of the State of New York · 1990
- Mantella v. MantellaAppellate Division of the Supreme Court of the State of New York · 2000
- Salvation Army v. FerraraNew York Surrogate's Court · 2004
3Cited by38 opinions
- Smith v. Wells Fargo BankDistrict of Columbia Court of Appeals · 2010
- People v. MarshallAppellate Division of the Supreme Court of the State of New York · 2013
- In re Estate of FerraraAppellate Division of the Supreme Court of the State of New York · 2008
- Wilde v. WildeDistrict Court, S.D. New York · 2008
- Perosi v. LiGreciAppellate Division of the Supreme Court of the State of New York · 2012
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