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Granted Appeal Summary

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Case

RAE LEE DAVIS v. J. GARNETT DAVIS, JR., INDIVIDUALLY, ET AL. (Record Number 181192)

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From

The Circuit Court of Wythe County; Showalter, J.

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Counsel

\\xa0Clark B. Williams (TOMMY JOE WILLIAMS, P.C.) & Joseph M. Rainsbury & Lori D. Thompson (LECLAIRRYAN, A PROFESSIONAL CORPORATION) for appellant. Gary C. Hancock & Ann L. Bishop (GILMER, SADLER, INGRAM, SUTHERLAND & HUTTON, LLP) & John D. Eure (JOHNSON, AYERS & MATTHEWS, P.L.C.) for Appellees Agnes C. Davis, Susan D. Goforth & J. Garnett Davis, Jr., in his individual capacity; H. Gregory Campbell, Jr. (CAMPBELL & ACKERMAN) for appellee J. Garnett Davis, Jr., Executor of the Estate of Samuel Dickey Davis, deceased.

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Assignments of Error

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1. The Circuit Court erred in holding that the Power of Attorney\\u2014which does not mention gifts \\u2014expressly authorized Agnes Davis, attorney-in-fact, to make gifts of substantially all of Dickey Davis\\u2019s real and personal property.

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2. The Circuit Court erred in holding that Dickey Davis\\u2019s \\u201cdonative history,\\u201d together with the broad authority conferred by the Power of Attorney, authorized Agnes Davis, as attorney-in-fact, to give away substantially all of Dickey Davis\\u2019s real and personal property.

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3. The Circuit Court erred in finding that Agnes Davis\\u2019s transfers of substantially all of Dickey Davis\\u2019s real and personal property was in accordance with his prior gift-giving history.

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Source Document: http://www.courts.state.va.us/courts/scv/appeals/181192.pdf

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