Estate of Huston

Huston's power of attorney expressly prohibited her attorney-in-fact Amberg (plaintiff) from making gifts to himself, yet Amberg directed the purchase of a $90,000 annuity payable to himself upon her death, which he later sought to claim as executor after discovering its beneficiary terms would otherwise pass it to the estate's residuary beneficiaries, including niece Mary Deonne Greene (defendant); despite evidence Huston knew of and consented to the purchase, the trial court held the estate should hold the annuity in a resulting trust for Amberg's benefit.