Metcalf v. Pesock

OPINION BY

DEL SOLE, P.J.:

¶ 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 1 executed in his capacity as the decedent’s attorney-in-fact. It is undisputed that Appellant, the decedent’s husband, acting as the decedent’s attorney-in-fact, made a gift of certain real property from the decedent to himself. Appellee, the decedent’s 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…