Estate of Suzanne C. Pruitt - Page 15




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          of attorney); Coulter v. Portland Trust Co., 26 P. 565, 569 (Or.            
          1891) (interpreting a limited power of attorney), it is equally             
          well established that parol evidence may be used to interpret               
          those powers actually given, see Wade v. Northup, supra at 457              
          (“we may resort to ‘the circumstances under which it was made               
          * * *’ so that the court may be placed in the position of those             
          whose language it is interpreting”); Coulter v. Portland Trust              
          Co., supra at 569; see also Or. Rev. Stat. secs. 41.740, 42.230             
          (1999).11                                                                   
               Applying Oregon law, we hold that we properly may consider             
          the testimony of petitioner’s witnesses as evidence of the                  
          circumstances under which the powers were executed or to                    
          interpret an ambiguity in their terms; however, we may not use              
          the testimony to enlarge the authority granted to Ms. Thompson in           
          the powers of attorney.  In accordance with these holdings, we              
          admit the testimony in question.                                            
          Interpreting the Powers of Attorney                                         
               Section 2038(a) provides that a decedent’s gross estate                
          includes any interest in property transferred by the decedent for           


               11 Or. Rev. Stat. sec. 42.230 (1999) provides:                         
                    In the construction of an instrument, the office                  
               of the judge is simply to ascertain and declare what                   
               is, in terms or in substance, contained therein, not to                
               insert what has been omitted, or to omit what has been                 
               inserted; and where there are several provisions or                    
               particulars, such construction is, if possible, to be                  
               adopted as will give effect to all.                                    





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