Capacity

Legal capacity Is the attribute of a person who can acquire new rights or transfer rights or assume duties, according to the mere dictates of his own will, as manifested in juristic acts, without any restraint or hindrance arising from his status or legal condition. Ability; qualification; legal power or right. Applied in this sense to the attribute of persons (natural or artificial) growing out of their status or juristic condition, which enables them to perform civil acts; as capacity to hold lands, capacity to devise, etc.

Bur-gett v. Barrick, 25 Kan. 530; Sargent v. Bur-dett, 96 Ga. Ill, 22 S. E. 667.