- 10 - based on the parol evidence rule and directed the parties to address the issue on brief. On brief, respondent contended that petitioner is attempting to expand the powers specifically granted to Ms. Thompson through the use of oral testimony, which is prohibited by the parol evidence rule. Prior to trial and on brief, respondent raised another general objection to the testimony, contending it was inadmissible hearsay. A. Respondent’s Hearsay Objection On brief, respondent argued that any third-party testimony regarding decedent’s intent is inadmissible because it is offered to prove the truth of the matter asserted; namely, that decedent intended to include a power to make gifts in each of the three powers of attorney. Petitioner responded that the testimony is admissible under rules 803(3) and 807 of the Federal Rules of Evidence. Assuming arguendo that the witnesses’ testimony as to decedent’s intent is hearsay in the first instance,8 we hold that the testimony is admissible under the 8On brief, respondent made the following arguments that certain parts of the witnesses’ testimony constituted inadmissible hearsay: (1) “At trial, the decedent’s attorney [Mr. Walker] testified that, with respect to the powers of attorney, he had discussions with the decedent that the powers allowed the decedent’s daughter to do anything that the decedent could do * * *. Any statements by the attorney which relate to this belief by the decedent, including an implied intent to make gifts are inadmissible hearsay under FRE 803(3).” (2) “The same rationale and result [as in (1) above] applies to the overall testimony of the decedent’s daughter [Ms. Thompson].” (3) “In the present case, it is respondent’s position that the testimony of (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011