Mind And Memory
Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914
Bouvier's Law Dictionary and Concise Encyclopedia
A testator must have a sound and disposing mind and memory. In other words, he "ought to be capable of making his will with an understanding of the nature of the business in which he is engaged, a recollection of the property he means to dispose of, the persons who are the object of his bounty, and the manner in which it is to be distributed between them."
Washington, J., Harrison v. Rowan, 3 Wash. C. C. 585, 586, Fed. Cas. No. 6,141; Lowe v. Williamson, 2 N. J. Eq. 82, 85; Stewart's Ex'r v. Lispenard, 26 Wend. (N. Y.) 255; Comstock v. Ecclesiastical Society, 8 Conn. 265, 20 Am. Dec. 100.
Mind and memory are convertible terms; In re Forman's Will, 54 Barb. (N. Y.) 274.