Estate of Suzanne C. Pruitt - Page 18




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          “circumstances under which it was made, including the situation             
          of the subject and of the parties * * * so that the judge is                
          placed in the position of those whose language the judge is                 
          interpreting.”  Or. Rev. Stat. sec. 42.220 (1999); see also Wade            
          v. Northup, supra at 457 (parol evidence may be used to interpret           
          the language of a general power of attorney).                               
               The parties agree that the three powers of attorney at issue           
          in this case did not expressly authorize Ms. Thompson to make               
          gifts.  The parties do not agree, however, whether the power to             
          make gifts can be inferred from the language of the powers of               
          attorney and the circumstances surrounding their execution.                 
          Applying Oregon law, we examine the language of the powers of               
          attorney and the facts and circumstances surrounding decedent’s             
          execution of the powers of attorney to determine whether the                
          power to make gifts must be inferred in order to give effect to             
          decedent’s intent.  Our goal is to ascertain whether decedent had           
          the intent to confer gift-giving power upon Ms. Thompson.                   
               The March 12, 1992, No. 2 power, which was prepared by                 
          decedent’s lawyer, appointed Ms. Thompson as decedent’s “agent              
          and attorney in fact” with power and authority to “Convey, sell,            
          mortgage, pledge, consign, lease and in any other manner deal in            
          and with my property, both real and personal.”  (Emphasis added.)           
          The March 12, 1992, No. 2 power, also authorized Ms. Thompson “to           
          execute and acknowledge any and all instruments necessary or                






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