Estate of Suzanne C. Pruitt - Page 25




                                       - 25 -                                         
         with her parents, who were concerned about the size of their                 
         estates.  Ms. Thompson also testified that when decedent                     
         delivered the powers of attorney to her, decedent never indicated            
         that Ms. Thompson was prohibited from taking certain acts and                
         decedent gave no specific instructions to Ms. Thompson.  Since               
         decedent was told by her attorney, Mr. Walker, that such powers              
         of attorney authorized Ms. Thompson to do whatever decedent could            
         do with her own property, and since each of the powers of                    
         attorney contained a general grant of power that would appear to             
         a nonlawyer to be consistent with Mr. Walker’s statement to                  
         decedent, we do not find it surprising that decedent did not                 
         discuss specifically with Ms. Thompson whether Ms. Thompson had              
         the power to continue the annual gifts to decedent’s family.                 
              The testimony of decedent’s attorney, Mr. Walker, lends                 
         support to petitioner’s argument.  Mr. Walker testified that,                
         when the December 22, 1987, power was executed, “my words were to            
         her that ‘this will allow your daughter to do anything that you              
         can do.’”  With respect to the March 12, 1992, powers, Mr. Walker            
         testified:  “The intent was that the agent under [the power]                 
         could do anything that [decedent] could do.”  Mr. Walker further             
         testified that when he presented the March 12, 1992, powers to               
         decedent for execution, he recalled “using the words ‘this will              
         allow your daughter to do anything that you can do.’”  When Mr.              
         Walker was asked on cross-examination whether decedent ever told             






Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011