In re the Estate of De Belardino

Decree unanimously affirmed, without costs. Memorandum: The decedent was an 82-year-old illiterate widow who died intestate on December 13, 1972. By power of attorney dated February 6, 1970 she had appointed her nephew (the appellant) as her attorney in fact. The appellant borrowed more than $65,000 from a bank in a series of transactions, the decedent signing as guarantor of the loans and pledging certain of her stocks as collateral. When appellant defaulted on the loans, the bank executed against decedent’s stocks. One week before decedent died, appellant made a gift of more than half of…