Disability

The want of legal capacity. "Disability implies want of power, not want of inclination. It refers to incapacity, and not to disinclination."

32 Barb. (N. Y.) 473.

Disabilities were anciently classified as general and special. (1) A disability is called general when it disables a person from performing all acts of a given kind, as in the case of an outlaw. (2) A disability is special when it disables him from doing a specific act, as where one renders himself incapable of performing a contract which he has entered into. They are also classified as personal and absolute. (3) A personal disability is confined to the person affected. (4) An absolute disability descends to his heirs. The absolute disabilities such as attainder have been all abolished. They are also classified as civil and canonical. This classification existed only as to disability to enter the marriage contract. Civil were such as to render the marriage void, as prior marriage, consanguinity, etc., while a canonical disability, such as sterility, rendered the marriage voidable only.

2 Steph. Coram. 240.