Surrogate’s Court denied summary judgment dismissing claim of executrix challenging no consideration conveyance of real property owned by decedent to respondent attorney in fact pursuant to a recorded power of attorney which specifically authoried gifts to the respondent.  Court held the fact the power of attorney was recorded and not revoked of record did not establish authority of respondent to gift property to herself. The premises was subsequently mortgaged by attorney in fact to co-respondent lender bank. The Court held if the lender bank did not have notice of the attorney’s alleged lack of authority to gift the premises to herself, any vacature of the conveyance would be subject to the mortgagee’s interest, a bone fide encumbrancer for value.