Lamb v. Scott
Alabama Supreme Court
643 So. 2d 972 (1994)
- Written by Rich Walter, JD
Facts
Dollie Scott executed a will that bequeathed her farm to her daughters, Rita Lamb and Judy Heliste (defendants), and her stepson, Timothy Scott (plaintiff). Dollie also executed a durable power of attorney in Lamb’s favor. Dollie later was hospitalized for dementia. Lamb, acting as Dollie’s attorney-in-fact, executed a deed transferring Dollie’s farm to herself and Heliste. Dollie’s power of attorney did not specifically authorize such a transfer. After Dollie died, Scott sued Lamb and Heliste, seeking a court order nullifying the transfer and putting the farm up for sale, with the proceeds divided equally between Scott and each of his stepsisters. The trial court entered summary judgment for Scott. Lamb appealed to the Alabama Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Shores, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
