- 7 - 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“My said attorney and all persons unto whom these presents shall come may assume that this power of attorney has not been revoked until given actual notice either of such revocation or of my death.”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did not contain similar provisions. 6The parties stipulated that none of the powers of attorney took precedence over or superseded any other power.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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