Gagnon v. Coombs

An agent acting pursuant to a “durable,”2 but revocable, power of attorney conveyed the principal’s real property, which was subject to the power, to herself as *145trustee of a trust that she had created. The trust was not only irrevocable, but also gave the agent a beneficial interest in the corpus, which consisted entirely of that real property. A judge of the Superior Court found nothing legally amiss about this transaction, even though the agent was aware that the principal had, prior to the creation of the trust, himself contracted to sell the real property to a third party. After a bench…