Dementia

In medical jurisprudence. That form of insanity which is characterized by mental weakness and decrepitude, and by total inability to reason correctly or incorrectly.

In Medical Jurisprudence. That form of insanity which is characterized by mental weakness and decrepitude, and by total inability to reason correctly or incorrectly. Memory is lost; language Is Incoherent; actions are inconsistent. The thoughts succeed one another without any obvious bond of association. Delusions, if they exist, are transitory, and leave no permanent impression: and for everything recent the memory is exceedingly weak. In mania, the action of the mind is marked by force, hurry, and intensity; in dementia, by slowness and weakness. It is the natural termination of many forms of insanity. Occasionally it occurs in an acute form in young subjects; and here only it is curable. In old men, in whom it often occurs, it is called senile dementia, and it indicates the breaking down of the mental powers in advance of the bodily decay. Here we may find memory of conditions long since past and some mental power. It is this form of dementia only which gives rise to litigation; for in the others the incompetency is too patent to admit of question. It cannot be described by auy positive characters, because it differs in the different stages of its progress, varying from simple lapse of memory to complete inability to recognize persons or tbings. And it must be borne in mind that often the mental infirmity is not so serious as might be supposed at first sight. Many an old man who seems to be scarcely conscious of what is passing around him, and is guilty of frequent breaches of decorum, needs only to have his attention aroused to a matter in which he is deeply interested, to show no lack of vigor or acuteness. In other words, the mind may be damaged superficially (to use a figure), while it may be sound at the core. And therefore It is that one may be quite oblivious of names and dates, while comprehending perfectly well his relations to others and the interests in which he was concerned. It follows that the impressions made upon casual or ignorant observers in regard to the mental condition who have been well acquainted with his habits and have had occasion to test the vigor of his fac. Hi nilr dementia or the imbecility caused by the decay of old ag< d the ground on which the wills of old men are contested, and the conflicting the proofs of foreign influence, and the Indications of mental capacity all comhiue to render it no easy task to arrive at a sati factory conclusion. The only general rule of much practical value is that <■• must he always measured, not by any fancied standard of intellect, but solely by ' Lrements of the act in question. A small and familiar matter would require l< tal power than one complicated in Its details and somewhat new to the testator's experience. Less capacity would be l to distribute an estate between a wife and child than between a multitude of relatP. with unequal claims upon bis bounty. Such is the principle; and the ends of Justl cannot be better served than by its correct and faithful application. Of course, I will always be more or less difficulty; but generally by discarding all legal and metaphysical subtleties and following the leading mon sense, it will be satisfactorily muted. The legal principles by which the courts are governed are not essentially difl whether the mental incapacity pro< d from dementia or mania. If the will coincides with the previously expressed wishes of the testator, if it recognizes the claims of those who stood in near relation to him, if it shows no indication of undue influence. — if. in short, it is a rational act rationally — it will be established though there may have been considerable impairment of mind. 2 Phill. Keel. 440; Harrison v. Rowan.:: Wash. C. C. 580, Fed. Cas. No. G.141; Dennett v. Dennett. 44 X. EL 531, 84 Am. Dec. 07; Taylor v. Pegram, 151 111. 106, 37 X. E. 837; Plough v. Tarry. 144 Ind. 463, 40 N. K. 70. 43 X. B. 560; Pluck v. Pea. 51 X. J. Eq. 233, 27 Atl. 636; Matter of ■ Misc. 199, 25 X. Y. Supp. 109; Matter of Pike's Will. 83 Hun 327, 31 N. Y. Supp. 689; Taylor v. Trich, 165 Pa. 586, 30 Atl. 1053, 44 Am. St Rep. 679. Tins species of dementia is also frequently i and proved as a ground of lm] ing deeds. This particular form of mental e may result either in total ln< tency, such as is produced by any form of insanity, or a greatly defective capacity, though Short Of total insanity, in which the court scrutinizes the act, and sustains it only when there is found to have been capacity sufficient for the act in question and entire freedom of will. Consequently such cases usually include the two elements of mental Incompetency of some degree and undue Influence; and probably a majority of the cases in which the aid of equity is undue influence involve also the question of the existence of senile dementia to a greater or less extent. The principle upon which courts of equity deal with this class of persons is neither as a matter of course to affirm or avoid their acts, but to protect them in the exercise of such capacity as tbey have. It will scrutinize their transactions; considering the nature of the act done, the inducements leading to it, and the attending circumstances and influences. If the conscience of the court is satisfied that such a grantor comprehended the nature and consequences of the transaction, and exercised a deliberate and free judgment, it will be sustained; but if the nature of the act or the attending circumstances justify tbe conclusion that the grantor's weakness has been taken advantage of, the deed will be set aside in equity however valid it might be at law; 1 Bro. Ch. 560; 1 Knapp 73; Cruise v. Christopher's Adm'r, 5 Dana (Ky.) 181; Wilson v. Oldham, 12 B. Monr. (Ky.) 55; Tracy v. Sacket, 1 Ohio St. 54, 59 Am. Dec. 610; Gass v. Mason, 4 Sneed (Tenn.) 497. "It may be stated as settled law, that whenever there is great weakness of mind in a person executing a conveyance of law, arising from age, sickness, or any other cause, though not amounting to absolute disqualification, and the consideration given for the property is grossly inadequate — a court of equity will... interfere and set the conveyance aside;" Allore v. Jewell, 94 U. S. 511, 24 L. Ed. 260; 1 Sto. Eq. Jur. § 238; Bisph. Eq. 288. For a thorough examination and discussion of the subject in a case of senile dementia in which a deed was set aside, see Jones v. Thompson, 5 Del. Ch. 374. In that case. Saulsbury, Ch., thus stated the principle upon which courts of equity deal with such cases: "In cases of alleged mental incapacity, the test is whether the party had the ability to comprehend in a reasonable manner the nature of the affair in which he participated. This is the rule in the absence of fraud.... This ability so to comprehend necessarily implies the power to understand the character, legal conditions, and effect of the act performed.... The cause of mental weakness is immaterial. It may arise from injury to the mind, temporary illness, or excessive old age. In such cases any unfairness will be promptly redressed." In a very similar case a deed was set aside on the ground of mental incapacity of the grantor by reason of senile dementia or dotage, by Bland, Ch., whose opinion contains an elaborate discussion of the different species of dementia, which he classifies as, Idiocy, Delirium, Lunacy, and Dotage, under which latter term he describes senile dementia. See Insanity. DEMESNE (Lat. dominicum). Lands of lands, which he held of a superior. 2 Bla. Com. 104; Cowell. Lands which the lord retained under his immediate control, for the purpose of supplying his table and the immediate needs of his household; distinguished from that farmed out to tenants, called among the Saxons lordlands. Blount; Co. Litt. 17 a.. Own; original. Son assault demesne, his (the plaintiff's) original assault, or assault in the first place. 2 Greenl. Ev. § 633; 3 Bla. Com. 120, 306.

In medical jurisprudence. That form of insanity where the mental derangement is accompanied with a general derangement of the faculties. It is characterized by forgetfulness, inability to follow any train of thought, and indifference to passing events. 4 Sawy. 677, per Field, J. Senile dementia is that peculiar decay of the mental faculties which occurs in extreme old age, and in many cases much earlier, whereby the person is reduced to second childhood, and becomes sometimes wholly incompetent to enter into any binding contract, or even to execute a will. It is the recurrence of second childhood by mere decay. 1 Redf. Wills, 63. Dementia denotes an impaired state of the mental powers, a feebleness of mind caused by disease, and not accompanied by delusion or uncontrollable impulse, without defining the degree of incapacity. Dementia may exist without complete prostration of the mental powers. 44 N. H. 581.

Mental derangement accompanied by general derangement of faculties.' Characterized by forgetfulness, inability to follow any train of thought, and indifference to passing events.' An impaired state of the mental powers, feebleness of mind caused by disease and not accompanied by delusion (g. v.) or uncontrollable impulse. < May exist without complete prostration. Senile dementia. That peculiar decay of the mental faculties which occurs in extreme old age, and in many cases much earlier, whereby the person is reduced to second childhood and sometimes becomes wholly incompetent to enter into a binding contract or even to execute a will. It is the recurrence of second childhood by mere decay.' See further Insanity.