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Anderson v. Anderson

Because there was record evidence which, if believed, would establish that the decedent expressly directed his son, as his attorney-in-fact, to use his power of attorney to execute deeds conveying certain real property to the decedent's children six days before his death, there was a genuine issue of disputed fact pertaining to the son's legal authority to execute the deeds, and the trial court erred in granting partial summary judgment to the decedent's widow on her claim to set those deeds aside.

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This case involves a dispute over the estate of Edwin Burton Anderson, Jr. “Burt”, between appellees, his widow, Donna Lee Morris Anderson and Robert Knox, Jr., in his capacity as the administrator of Burt’s estate, and appellants, Burt’s three children from his first marriage, Charles Anderson, Arthur Anderson, and Kimberly Ware Anderson. At the time of his death, Burt owned a substantial amount of real property, including land which had been bequeathed to him by his father, Edwin Burton Anderson, Sr. “Edwin”, in a 1962 will. Item Six of Edwin’s will provided, in pertinent part:

I give, bequeath and devise to my son Edwin Burton Anderson, Jr. all the Lizzie Baker land on the north side of the Warrenton-Mayfield road consisting of 36 acres more or less, also the E. B. Anderson and the J. E. Anderson land located on the east side of the road leading from the Warrenton-Mayfield road to the Burkhalter and Hammock places, consisting of 150 acres more or less. This land to go to the surviving heir or heirs of Edward Burton Anderson Jr., at his death.

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