Adger v. Kirk

Citations

• 116 S.C. 298
• 108 S.E. 97

Syllabus

<p>1. Wills — Prior Will Held Revoked by Subsequent Instrument.— Where testatrix by will gave her husband power of appointment over one-half of the corpus of a trust fund, the husband’s last will, which was executed in Tennessee with only two witnesses, is a revocation of a Georgia will, attested by three witnesses, not only generally but with respect to exercise of‘thé power though testatrix’ will was executed in Alabama, where three witnesses are necessary.</p> <p>2. Wills — Testamentary Power may be Exercised by Will in Ac-' - cordance With Laws op Donee’s Domicile. — Where testatrix gave her husband power of appointment over one-half of the corpus of the trust fund, consisting of personalty, the power of appointment could be exercised by a will of the husband executed according to the laws of his domicile, and it was not necessary where the laws of the domicile required only two witnesses that the instrument should be attested by three witnesses in accordance with the laws of the state wherein the will of testatrix was executed.</p> <p>3. Wills — Will Held an Exercise op a Power op Appointment.— Where the will of testatrix gave her husband power of appointment by will over one-half of the corpus of the trust fund, the husband’s will stating that it was in the exercise of the power and authority vested in him constitutes an exercise of the power of appointment.</p> <p>4. Wills — In Proceeding por Construction op Will Giving Power op Appointment Question op Debts op Donee Cannot be Raised. — In a proceeding for the construction of a will giving a power of appointment, the question of the debts of the donee cannot be raised.</p> <p>5. Powers — Property Over Which Testator Has Power op Appointment Not Subject to Debts. — Where the will of .testator’s wife gave him power of appointment over one-half of a trust fund, such fund is not subject to his debts.</p> <p>Note: Un the question of revocation of will by subsequest will, and revival of former by destruction of the