Incapacity

The want of a quality legally to do, give, transmit, or receive something. See ^'Capacity."

The want of a quality legally to do, give, transmit, or receive something. 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. INCA8TELLARE. To make a building serve the purpose of a castle. Jacob. INCENDIARY (Lat. incendium, a kindling). One who maliciously and wilfully sets another person’s building on fire; one guilty of the crime of arson. See Abson; Burning.

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.

Want of capacity; want of legal

Wantofcapacity; want of power or ability to take or dispose; want of legal ability to act.

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.