Estate of Suzanne C. Pruitt - Page 21




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          restrict conveyances to those for consideration and contained a             
          broad grant of authority to the attorney-in-fact to do whatever             
          the principal could do if personally present.  After                        
          distinguishing several decisions interpreting powers of attorney            
          decided under New Jersey law, we concluded that the specific                
          language in the power of attorney, which authorized the attorney-           
          in-fact to convey property without any apparent restriction,                
          “could authorize gifts in appropriate circumstances.”  Id.  We              
          examined the facts and circumstances surrounding the execution of           
          the power of attorney and the making of the gifts, noting that              
          the decedent “historically gave gifts to her children” and had              
          expressed her intention to give them gifts in the year the                  
          disputed gifts were made, and we concluded that the attorney-in-            
          fact “acted on behalf of decedent, continuing her usual affairs.”           
          Id.  Based upon our review of the language of the power of                  
          attorney and the evidence of the decedent’s intent, we held that            
          the power of attorney authorized gifts.  See id.; see also Estate           
          of Neff v. Commissioner, T.C. Memo. 1997-186 (applying Oklahoma             
          law, we concluded that Oklahoma had not adopted a flat                      
          prohibition against attorneys-in-fact making gifts to themselves            
          or to third parties absent express written authorization, and               
          that the durable power of attorney at issue included the implied            










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