Tomayko v. Thomas

PEARSON, TILLMAN, Chief Judge.

The appellant, defendant below, seeks review of an adverse summary final decree.1 The facts are largely undisputed. Joseph E. Thomas, now deceased, and Martha J. Thomas, his wife, owned certain real property. Being about to leave the country they appointed the appellant, Joseph’s father, their attorney in fact to effect a sale of the property. The appellant placed the proceeds of the sale in a joint savings account in his and his son’s names and so advised his son. Subsequently, without informing his son, he transferred the money to an account in his own name.…