Memory

1.

Mental capacity

The phrase, sound and disposing mind and memory, means, not merely distinct recollection of the items of one's property and the persons among whom it may be given, but entire power of mind to dispose of property by will.

2.

According to the ancient theory of the common law, customs, rights, possessions, &c., which had existed from a time ante-dating history, or from time immemorial, or before the memory of man, became obligatory and valid without proof of an original authority or grant by which they commenced. The time of this legal memory was originally indefinite. In 1276, by the statute of Westminster, the commencement of the reign of Richard I. was named as the date when legal memory should be deemed to commence. Under that enactment, a custom depending on length of existence only might be impeached and deprived of force as law, by proof that it had not existed uninterruptedly from that date. Of com-se, the lapse of centuries after that (or any other) fixed date gradually rendered it more and more difficult that any custom or right should be traced back to the beginning of legal memory; hence, in 1832, by Stat. 2 & 3 Wm. IV. ch. 71, the plan of dating legal memory from a fixed point of time was abandoned, and the principle introduced, that rights which had been enjoyed for full twenty proof that they did not exist at some earlier date. This rule substantially prevails throughout the United States. The adoption of a term of years dating back from the date of controversy, in place of a date assumed as the commencement of legal history, has deprived the phrase, time of legal memory, of any special significance or importance. In older books it occurs, used with reference to the commencement of the reign of Richard I. More recently, the expression is found, referring to the change in the law introduced in Wm. IV., — the time of legal memory is twenty years.