Estate of Huston

Mary Deonne Greene, the niece of decedent Amelia Daily Huston and a residuary beneficiary under decedent's will, appeals from an order confirming the gift of a $90,000 annuity from decedent to her attorney in fact and financial representative, John. E. Amberg. Greene contends the judgment should be reversed because (1) the evidence does not support the judgment; (2) the gift was void; (3) the gift was never completed; and (4) the court failed to protect the decedent's estate. We conclude the gift was void as having been outside Amberg's authority under his power of attorney. We therefore reverse.

In May 1994, Amberg, acting in his personal capacity, filed a petition for determination of ownership and for order of conveyance and transfer of assets of estate. The petition sought transfer of a $90,000 annuity to himself. Greene, Wendell P. Daily II, and Linda Lou Abramson, the three children of decedent's deceased brother Roscoe E. Daily, all residuary beneficiaries under decedent's will, objected to Amberg's petition. Paul Daily, decedent's brother, and Martha Galloway, decedent's niece, affirmatively consented to the transfer; another niece, Dorothy Nobel, did not respond. Paul…