Summary

Samuel Blatchford Lee v. Simpson — Opinion of the Court

Unless, therefore, by referring to legacies under the will of her mother, she refers to the interest in the bond and mortgage, all that she could refer to as having come to her under the will of her mother would be, at most, the oil portrait of her grandmother. It cannot not be reasonably supposed that that is the proper construction of the will. As for the interest or income she had derived during her life from the bond and mortgage property, the moment it was received it became her property
Source: Wikisource

Samuel Blatchford Lee v. Simpson — Opinion of the Court

The expression has the same meaning as if it had read 'full power to dispose of the same by will.' This power so to dispose of the subject of the power created by the will of her mother she possessed fully, without the aid of the provision of the constitution and legislation of South Carolina, enabling married women to dispose of their own property by will, because without a statute of that kind married women could always execute powers of appointment.
Source: Wikisource

Samuel Blatchford Lee v. Simpson — Opinion of the Court

Boyce, supra, where real estate was devised by a father to trustees, to permit his son to take the income for life, with remainder to such persons as the son by his will might appoint, and, in default of appointment, to the children of the son. The son by his will gave, devised, and bequeathed 'all the rest and residue of my estate, whatever and wherever,' to persons named, but did not mention the power or the trust property. He had real estate in his own right.
Source: Wikisource

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