Incapacity

Want of capacity; want of power or ability to take or dispose; want of legal ability to act. Ellicott v. Ellicott, 90 Md. 321, 45 Atl. 183, 48 In H. A. 58; Drews' Appeal, 58 N. H. 320; Appeal of Cleveland, 72 Conn. 340, 44 All. 476; In re Blinn, 99 Cal. 216, 33 Pac. 841.

— Legal incapacity; This expression. that the person in view has the right vested in him, but is prevented by some impediment from exercising it; as in the case of minors, femes covert, lunatics, etc. An administrator has no right until letters are issued to him. Therefore he canuot benefit (as respects the time bsfore obtaining letters) by a saving clause in a statute of limitations in favor of persons under a legal incapacity to sue. Gates v. Brattle, 1 Root (Conn.) 187.