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authority to make irrevocable gifts during the principal’s
lifetime).
Because the powers of attorney in this case contain language
broad enough to include the power to make gifts and, therefore,
could be interpreted to authorize Ms. Thompson to make the 1993
and 1994 gifts, we now must examine the facts and circumstances
surrounding the execution of the powers of attorney to ascertain
whether decedent intended to confer gift-giving power and, if so,
whether the gifts in question were “within the spirit of the
power conferred upon” Ms. Thompson. Wade v. Northup, 140 P. at
458; see also Brown v. Laird, 291 P. at 354.
Petitioner offered the following evidence of decedent’s
intent: A substantial and consistent pattern of annual gifting
extending over a period of 13 years prior to the gifts made by
Ms. Thompson; a February 26, 1987, handwritten letter from
decedent to her children;13 decedent’s awareness of the potential
13The handwritten letter, dated February 26, 1987, reads as
follows:
Dear Kids of Ours,
We hope this does not shock you too much, but we
* * * [thought] we’d like to share with you some of the
rewards of our efforts, and we like to think, “good
management.” We * * * [thought] too that it is better,
to give to you now, instead of from a will. Then most
of it would be consumed by old Uncle Sam, who is always
hungry. We want you to enjoy it. It will cause you no
income tax, because it has already been paid.
(continued...)
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