Estate of Suzanne C. Pruitt - Page 12




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          this Court in determining the knowledge and intent of decedent in           
          granting the powers of attorney.                                            
               When we are required to make a State law determination as to           
          the existence and extent of legal rights and interests created by           
          a written instrument in order to decide a case over which we have           
          jurisdiction, “we must look to that State’s parol evidence rule             
          in deciding whether or not to exclude extrinsic evidence that               
          bears on the disputed rights and interests under the                        
          instrument.”9  Estate of Craft v. Commissioner, 68 T.C. 249, 263            
          (1977), affd. per curiam 608 F.2d 240 (5th Cir. 1979); see also             
          Stevenson v. Commissioner, T.C. Memo. 1986-207 (applying Oregon             
          law); Young v. Commissioner, T.C. Memo. 1985-221.  Since this               
          case requires us to decide whether the power to make gifts was              
          granted to Ms. Thompson by the powers of attorney given to her by           
          decedent, we must examine the applicable State parol evidence               
          rule and decide whether it requires us to exclude the disputed              
          testimony.  The parties agree that Oregon State law applies.                
               Oregon’s parol evidence rule, codified in Or. Rev. Stat.               
          sec. 41.740 (1999), provides:                                               
                    When the terms of an agreement have been reduced                  
               to writing by the parties, it is to be considered as                   
               containing all those terms, and therefore there can be,                
               between the parties and their representatives or                       


               9“The so-called parol evidence rule is a misnomer; the rule            
          is one of substantive law and not one of evidence.”  Estate of              
          Craft v. Commissioner, 68 T.C. 249, 262-263 (1977), affd. per               
          curiam 608 F.2d 240 (5th Cir. 1979).                                        





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