Boyce v. Murray

Banke, Presiding Judge.

The administratrix of the estate of the appellee’s deceased mother brought this action to recover approximately $60,000 which the appellee had retained from the sale of certain real property his mother had owned. The appellee had sold the property in November of 1984, prior to his mother’s death, pursuant to a power of attorney she had given him in June of 1982. The mother’s mental condition had deteriorated in the interim; and within a few weeks after the property was sold, she was confined to a nursing home.

The case has been tried twice. During the first trial, the…