Wills, Trusts & Estates keyed to Dobris
Estate of Huston
Testator had Petitioner take care of her financial affairs. Testator told Petitioner that she would like to make an annuity gift to him. Petitioner testified that after Testator’s death, he learned that the provisions of the annuity had not conformed to Testator’s desires. Consequentially, Petitioner served a notice of proposed action on the residuary beneficiaries and sought the beneficiaries’ consent to the transfer of any of the estate interest in the annuity. Objector contends that the gift was void because under the express power of attorney terms, Petitioner was not allowed to make a gift to himself. Although the power to transfer the annuity was not put in writing by Testator, Testator nonetheless orally assented to the gift in front of a bank representative.
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