The plaintiff brought an action against his sister, the defendant, alleging she misappropriated funds from their late father's estate while acting as his power of attorney.
The plaintiff sought over $800,000, claiming their father lacked capacity to make inter vivos gifts and was subjected to undue influence.
The court found that the father had the requisite capacity to make the gifts, initiated them independently, and was not under the defendant's undue influence.
The court also approved the passing of accounts prepared by an independent accountant, dismissing the plaintiff's claims for damages and ordering him to pay $150,000 in costs.
