Incapacity

is the want of a quality legally to do, give, transmit or receive something. It arises from nature, from the law, or from both. From nature when the party has not his senses, as, in the case of an idiot; from the law, asin the case of a bastard who cannot inherit; from nature and the law, as in the case of a@ married woman, who cannot make contracts ora will. In general the incapacity ceases with the cause which produces it. If the idiot should obtain his senses, or the married woman’s husband die, their incapacity would be at an end.