Power v Power

The case involved a dispute between the executors of the estate of a deceased, Mrs Power, and her daughter, Mrs Power. The central issue was the construction and effect of a testamentary disposition in Mrs Power's will, which bequeathed half of the interest in a property to her daughter. Prior to her death, Mrs Power had executed a power of attorney, which was subject to a condition or limitation that it could only be exercised if a treating medical practitioner certified that she was no longer physically or mentally capable of signing documents or managing her affairs. During her lifetime, the power of attorney was exercised, and the half interest in the property was sold. The daughter challenged the validity of the sale, arguing that the condition or limitation in the power of attorney was not satisfied, and therefore, the sale was void. The executors argued that the letter from the deceased's doctor, which suggested that she may not be capable of managing her affairs, was sufficient to satisfy the condition or limitation in the power of attorney. The court was required to determine whether the letter was sufficient to satisfy the condition or limitation, and whether an exemption to the principle of ademption applied, or whether there was acquiescence.

The court held that the letter from the deceased's doctor was not sufficient to satisfy the condition or limitation in the power of attorney. The condition or limitation required a certificate from a treating medical practitioner, and the letter was not a certificate. The court also held that there was no exemption to the principle of ademption, as the power of attorney was exercised during the lifetime of the deceased, and therefore, the half interest in the property was deemed to have been disposed of during her lifetime. The court further held that there was no acquiescence on the part of the daughter, as she had not waived her rights under the will.

The court ultimately concluded that the sale of the half interest in the property was void, as the condition or limitation in the power of attorney was not satisfied. The daughter was entitled to receive the half interest in the property as bequeathed in the will. The court made orders accordingly.