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power being given to the daughter, to dispose of such "bequest as
she pleased, "by a last will and testament duly executed by her." In
September, 1875, the daughter died, leaving a will executed in Septem-
ber, 1871, which recited that she was "entitled to legacies" under the
will of her mother, and to a distributive share in the estates of a sister
and a brother, “and notwithstanding my coverture, have full testa-
mentary power to dispose of the same," and then bequeathed to her
husband, C., "the entire property and estate to which I am now in any
wise entitled and which I may hereafter acquire, of whatever the same
may cousist," "absolutely and in fee simple;" Held, (1) The court is
authorized to put itself in the position occupied by the daughter when
she made her will, in order to discover from that standpoint, in view of
the circumstances then existing, what she intended; (2) The will of
the daughter was intended by her to be, and was, a full execution
of the power, because it referred expressly to the subject matter of the
power; (3) The statement in it as to "full testamentary power"
referred to the fact that, although she was a married woman, she had
power to "dispose of the saine " by a will, such power being given to
her by the will of her mother, and did not refer to the provision of the
constitution of 1868 of South Carolina, and the legislation consequent
thereon, enabling married women to dispose of their own property by
will; (4) Outside of her interest in the bond and mortgage, she had
practically no property. Lee v. Simpson, 572.

See EVIDENCE, 1, 2, 3;

JURISDICTION, A, 2.

WITNESS.

See HUSBAND AND WIFE, 3.

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