- 22 - 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...)Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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