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Allen v. Dominy

When the defendant deeded the decedent's property to herself in fee simple, she breached her duty as the decedent's agent to obtain a deed which would protect and provide for the decedent's wife.

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The late Edison Dominy was survived by his 83-year old widow, Geraldine Dominy, and by his sister, Bertie Allen. During his final illness, Mr. Dominy gave a general power of attorney to his sister. In addition, Mrs. Dominy granted a limited power of attorney to Ms. Allen. It is undisputed that, in conversations with her brother, Ms. Allen agreed that she would take title to his real property in order to “protect” it and to insure that his wife would benefit therefrom. However, Ms. Allen instructed her attorney to prepare a deed conveying unencumbered fee simple title to her with no express provision for Mrs. Dominy’s interest. During her brother’s hospitalization, Ms. Allen obtained his signature on the deed and on a will, and did so without Mrs. Dominy’s knowledge. Ms. Allen then held the deed for five months, and recorded it only after Mr. Dominy’s death. Mr. Dominy’s will named his sister as his executrix. The will also contained the following provision:

I give, devise and bequeath all of my real property to my sister . . . for her life. At the time of her death, said property will become vested in her children . . . . However, my wife will be allowed to use and possess my home place . . . so long as she is alive. My wife will remain responsible for all maintenance and upkeep on this property. While my wife is alive, I direct my executor to pay all rental sums from specified property to my wife for her use and support. My executor is authorized to pay all maintenance, taxes and insurance on this property and pay over the net rental sums to my wife. All maintenance and tax expenses arising from my two vacant lots will be paid by my executor.

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