Likewise, in 96 C.J.S., Wills, 1070 (d), page 727, we find this statement: "A testamentary power may be exercised only in such mode and manner as may be designated or prescribed by the will creating and conferring the power, and an attempt to exercise it in any other mode or manner is ineffectual. * * *" Lamkin v. Safe Deposit Trust Co., 192 Md. 472, 64 A.2d 704; Fidelity Union Trust Co. v. Caldwell, 137 N.J. Eq. 362, 44 A.2d 842; Matter of Kennedy, 279 N.Y. 255, 18 N.E.2d 146; De Charette v. De Charette, 264 Ky. 525, 94 S.W.2d 1018. In Newton v. Bullard, supra, the donee was conveyed a life estate in certain lands by deed and the same instrument conferred upon the donee, Julia S. Newton, the power to appoint by will the person or persons to take the remainder.
It is to be presumed, we are told, that "the testator used the words creating the power in view of the law of New Jersey, the State of his domicile," citing Rosenbaum v. Garrett,57 N.J. Eq. 186 ( Ch. 1898). And it is urged that under Fidelity UnionTrust Company v. Caldwell, 137 N.J. Eq. 362 ( Ch. 1945); Inre Winter's Estate, 24 N.J. Misc. 172 ( Orph. Ct. 1946), and Farnum, supra, "`will' has a specific meaning and it was not met"; "`Will' is a term of art especially when used in a legal document operative only as a legal document," and "so when the donor said by `will,' and said so in a legal instrument, `will' must gain its meaning at the donor's domicile"; also that the will of the donor "is barren of any expression that the term `will' meant anything else than what New Jersey usage ascribed to the term, namely, a will signed and published by the testator in the presence of two witnesses"; that where "the legal instruments in other cases have been expertly drafted the courts have noted this factor in giving an interpretation in accordance with the art as manifested," citing Carter v.Martin, 124 N.J. Eq. 106 ( E. A. 1938); and that "[l]ittle effort is required to say `by a will valid at the donee's domicile' or `an instrument in the nature of a last will and testament,'" yet "the