091470 Smith v. Mountjoy 06/10/2010 In litigation brought by a widower challenging trusts set up by his spouse acting as his attorney-in-fact under a durable power of attorney, the severance of the parties' tenancy by the entirety interests in certain real property and conveyance of one-half interests in each of the properties to the spouse's trust was a gift, and steps taken by the widower before his death did not ratify the wife's actions. There was no error in the circuit court's refusal to consider deposition testimony proffered on cross-motions for summary judgment. The judgment is affirmed.
The habits of his warring, wandering years were coming back to him. He had faced death and despair before, and with strength and cunning and bluff and sheer luck had come through alive. This was another problem, more desperate and more urgent, but still another problem.
Carefully Kery lifted the mouthpiece to his lips and blew. He felt the vibration tremble under his feet. The walls wavered before his eyes as unheard notes shivered the air. He himself heard no more than the barbarian screaming of the war-music he had always known but he saw death riding out.
Kery played. And as he played Killorn rose before him. He saw the reach of gray windswept moors, light glimmering on high cold tarns, birds winging in a sky of riven clouds. Space and loneliness and freedom, a hard open land of stern and bitter beauty, the rocks which had shaped his bones and the soil which had nourished his flesh. He stood by the great lake of sunset, storms swept in over it, rain and lightning, the waves dashed themselves to angry death on a beach of grinding stones.
The gates were closed before him, but Kery played them down. Then he turned and faced the city and played it a song of the wrath of the gods. He played them up rain and cold and scouring wind, glaciers marching from the north in a blind whirl of snow, lightning aflame in the heavens and cities ground to dust. He played them a world gone crazy, sundering continents and tidal waves marching over the shores and mountains flaming into a sky of rain and fire. He played them whirlwinds and dust storms and the relentless sleety blast from the north. He sang them ruin and death and the sun burning out to darkness. 1e1e36bf2d