Estate of Herbert v. Herbert

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding a “gift by an attorney in fact to himself or a third party is barred absent a clear intent to the contrary evidenced in writing.”
• holding title of the sale proceeds never passed to the joint account, where principal orally instructed agent to make such deposits and DPOA contained no provision expressly authorizing the transaction
• adopting a black letter rule that an attorney-in-fact may not transfer the principal’s assets to a joint account which will become the sole property of the attorney-in-fact unless there is written authorization in the DPOA for the attorney-in-fact to make gifts to himself
• unauthorized gift from attorney in fact to self that is void is “ineffective” in transferring title of property
• “[A]s a matter of general property law, one who does not hold title to property . . . cannot pass or transfer title to that property”

Source: CourtListener parenthetical corpus (CC0).