Legal Opinion
In re Estate of Culbreth
Appellate Division of the Supreme Court of the State of New York
Decided February 13, 2008PublishedCited by 6 opinions
1Opinion of the Court
In a proceeding, inter alia, to set aside two deeds for three properties, the appeal is from a decree of the Surrogate’s Court, Kings County (Lopez-Torres, S.), dated October 20, 2006, which, after a hearing, granted the petition and declared the subject deeds null and void.
Ordered that the decree is affirmed, with costs.
The power of attorney executed by the decedent did not authorize the attorney-in-fact to make gifts. Accordingly, the gratuitous conveyances of the decedent’s properties by the attorney-in-fact to her mother were in violation of the fiduciary duty she owed to the decedent,…
2Cases cited2 opinions
- In re the Estate of AgrestAppellate Division of the Supreme Court of the State of New York · 2001
- Salonen v. SalonenAppellate Division of the Supreme Court of the State of New York · 2004
3Cited by6 opinions
- WILLIAM PENN LIFE INS. CO. OF NEW YORK v. ViscusoDistrict Court, S.D. New York · 2008
- Wilde v. WildeDistrict Court, S.D. New York · 2008
- Scotti v. BarrettAppellate Division of the Supreme Court of the State of New York · 2017
- Brighthouse Life Insurance Company of NY v. MosackDistrict Court, S.D. New York · 2023
- People v. VinesAppellate Division of the Supreme Court of the State of New York · 2014
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