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Mr. Davidson was 85 years old, very ill with heart disease, and lived in a nursing home in New York. He had three children. He
Mr. Davidson was 85 years old, very ill with heart disease, and lived in a nursing home in New York. He had three children. He decided that his daughter, Analisa, had done very well financially in her career, lived several thousand miles away from him and was happy in her marriage. She and her husband were about retirement age. However, his two sons, Clifford and De'Andre, were financially struggling and were much younger than his daughter. Mr. Davidson gave Clifford a durable power of attorney. The agreement he gave Clifford gave him "full power and authority to do and perform every act and thing whatsoever requisite and necessary to be done". Mr. Davidson instructed Clifford to transfer all the shares that he owned in the Smiles for Life LLC, to himself and De'Andre. Mr. Davidson had been in the business of making dentures. Although the transfer would eliminate Analisa's interest in the LLC shares, Mr. Davidson planned to leave her part of some of his other financial assets. Clifford contacted the LLC on July 15, 2014 and directed them to transfer the shares pursuant to the power of attorney. He completed all of the transactional paperwork as requested by the LLC. Mr. Davidson died on July 17, 2014, and on July 18, 2014, Smiles for Life LLC, sent him a letter stating that it could not transfer the shares because Mr. Davidson's death had revoked Clifford's power of attorney. The Estate of Mr. Davidson is now appealing the case to the highest appellate level in New York in order to get a final ruling on the legality of transferring the shares. What will be the decision of the court, and what matters and issues will it consider to making its ruling
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