In Re Estate of Lovell

Reiber, CJ.

¶ 1. Defendants Charles and Hubert Lovell appeal a grant of summary judgment to plaintiff, Duane Amsden, in which the trial court found that Charles Lovell could not, pursuant to his powers as his father’s attorney-in-fact, transfer title of his father’s farm to himself and his brother, Hubert Lovell, where the power of attorney failed to explicitly grant the power to make such a gift. We affirm.

¶ 2. The facts of this case are not in dispute. On June 6, 1997, Phillip I. Lovell executed a will appointing his son, defendant Charles Lovell, and his stepson, plaintiff Duane Amsden, as…