In the case, Matter of Ferrara, 7 N.Y.3d 244 (N.Y. 2006), George Ferrari made a will in June 1999, leaving all of his property to the Salvation Army. Later that year, as his health began to deteriorate, George called on his brother, John, and Johns son, Dominick, for assistance. George wanted the family members to have control of his property and distribute it however they wanted to. On January 25, 2000, George signed a durable general power of attorney, which appointed John and Dominick, as his attorneys-in-fact. In addition, he signed a typewritten provision allowing John and Dominick to make gifts without limitation in amount, to themselves. Three weeks later, George's health deteriorated and he passed away. During that three week period, Dominick transferred about 820,000 of his uncles assets to himself.
Upon learning of George's death, the Salvation Army filed a claim, with the Surrogates court, seeking a turnover of George's assets. Finding that George had been competent and correctly completed the forms prior to his death, the salvation army's case was dismissed. The Salvation Army, then appealed, and the appellate division also dismissed the case. When the case reached the state's highest court, the New York State Court of Appeals... [continues]
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