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used in the December 22, 1987, power.5 Relevant portions of the
March 12, 1992, No. 2 power read as follows:
I, SUZANNE C. PRUITT, hereby make, constitute and
appoint SANDRA S. THOMPSON my agent and attorney in
fact with power and authority to:
* * * * * * *
8. Convey, sell, mortgage, pledge, consign, lease
and in any other manner deal in and with my property,
both real and personal.
* * * * * * *
I authorize my attorney for me and in my name
generally to do and perform all and every act which is
necessary or desirable to be done in order to properly
conduct, manage and control all my business and my
property and to execute and acknowledge any and all
instruments necessary or proper to carry out the
foregoing powers, hereby releasing all third persons
from responsibility for the acts and omissions of my
attorney.
All three powers of attorney constituted valid and binding
powers of attorney under Oregon law. At the time decedent
executed and delivered each of the powers,6 she did so with full
mental capacity.
5The March 12, 1992, No. 1 power provided that “My said
attorney and all persons unto whom these presents shall come may
assume that this power of attorney has not been revoked until
given actual notice either of such revocation or of my death.” It
also contained par. (16) authorizing decedent’s attorney-in-fact
to act with respect to certain tax and governmental matters, and
an effective date clause. The December 22, 1987, power did not
contain similar provisions.
6The parties stipulated that none of the powers of attorney
took precedence over or superseded any other power.
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