- 15 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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