DISPOSE

To alienate or direct the ownership of property, as disposition by will Used also of the determination of suits. Called a word ot large extent. Koerner v. Wilkinson, 96 Mo. App. 510, 70:S. W. 509; Love v. Pamplin (0. C.) 21 Fed. 760; U. S. v. Hacker (D. C.) 73 Fed. 294; Benz v. Fabian, M N. J. E)q. 615, 35 Atl, 760; Elston v. Schilling, 42 N. Y. 79; Beard v. Knox, 5 Cal. 256, 63 Am. Dec. 125. DISPOSABLE PORTION, That portion ot a man's property which he is tree to dispose ot by will to beneficiaries other than his wlte and children. By the ancient common law, this amounted to one-third of his estate if he was survived i>y both wite and children. 2 Bl. Comm. 492; Hopkins v. Wright, 17 Tex. 36. In the civil law (by the Lea; Falcidia) it amounted to three-fourths. Mackeld. Rom. Law, §§ 708, 771. DISPOSING CAPACITY OR MIND, These are alternative or synonymous phrases in the law of wills for "sound mind," and "testamentary capacity," (q. v.) [s. 384]