ADGER v. KIRK et al

Mr. Augustine T. Smythe, for appellants, cites: Will of Harvey W. Flinn executed in Georgia with three witnesses is only valid will under laws of S.C.: 28 S.C. 545. Revocation of former will: 1 Civ. Code 1912, Sec. 3579. Stock in manufacturing corporation of S.C. is realty: 1 Civ. Code 1912, Sec. 2805; and can only pass under a will valid in State where such property is situate: 21 Cyc. 1135. Mr. Paul M. MacMillan, for Trustees of the General Assembly of the Presbyterian Church, respondent, cites: Law of the domicile of the donee of a power controls: 34 Beav. 324; 64 Pa. St. 346; 132 Mass. 131. Decision in 28 S.C. 545, was under facts of that case only. Intention to exercise power is apparent: 113 S.C. 556, 101 S.E. 819. Sec. 2805 1 Civ. Code 1912 passed after execution of the will does not apply: 36 S.C. 434.