Mind And Memory

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 persons who are the object of his bounty, and the manner in which it is to be distributed between them." Washington, J., 3 Wash. C. C. (U. S.) 585, 586; 4 Wash. C. C. (U. S.) 262; 1 Green, Ch. (N. J.) 82, 85; 2 Green, Ch. (N. J.) 563, 604; 26 Wend. (N. Y.) 255, 306, 311, 312; 8 Conn. 265; 9 Conn. 105. MINERALS (Law Lat. minera, a vein of metal). The term mineral is not confined to metallic substances. 233 111. 62. All fossil bodies or matters dug out of mines or quarries, whence anything may be dug; such as beds of stone which may be quarried. 14 Mees. & W. 859, in construing 55 Geo. III. c. 18; Broom, Leg. Max. 175, 176. Any natural production, formed by the action of chemical affinities, and organized when beconiing solid by the powers of»crystallization. Webster. But see 5 Watts (Pa.) 34; 1 Crabb, Real Prop. 95. Including every kind of stone, flint, marble, slate, brick earth, chalk, gravel and sand when found under the surface and not lying loosely upon it. The following substances have been held to be minerals: Brick clay, 22 Q. D. B. 555; 58 L J. Q; B. 573; whether got under ground or by open workings, 51 L. J. Ch. 570; 55 L. J. Ch. 745; 5 App. Ca. 820; 43 L. T. 513; chhia clay, 417 L. J. Ch: 761; coal and ironstone, 35 L. J. Ch. 337; 37 Ch. D. 386; 15 App. Ca. 19; coprolites, 46 L. J. Ch. 654; 5 Ch. D. 750; freestone and limestone got by open workings, 1 Shaw, App. 225; 9 Ir. C. L. Rep. 223; granite, 1 Times Rep. 549; oil and gas, 233 111. 62; 240 111. 367; stone got by quarrying, 4 Eq. Cas. 19; 14 M. & W. 859; 20 L. J. Ex. 313; 6 Ex. 644; 17 L. T. O. S. 185; petroleum, 237 111. 337; stratum of clay, 1 Ch. 427. The following have been held not to be minerals: Boat, ancient and embedded, but unpetrified, 55 L. J. Ch.; 33 Ch. D.; brine formed by the percolation of rain-water through rock salt, 26 S. J. 359; clay and sand, 48 L. J. P. C. 36; 4 App. Ca. 294; 40 L, T. 764; clay subsoil, 13 App. Ca. 657; 37 W. R. 627; 31 L. J. C. P. 201; freestone quarry, 1 Shaw App. 225; limestone, 9 Ir. C. L. Rep. 223.

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.

A phrase applied to testators, denoting the possession of mental capacity to make a will. In order to make a valid will, the 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, of the persons who are the objects of his bounty, and the manner in which it is to he distributed between them. Harrison v. Rowan, 3 Wash. C. C. 585, Fed. Cas. No. 6,141.

Defined under Mind in Black's Law Dictionary.

A phrase applied to testators, denoting the possession of ee mental capacity to make a will. In order to make a valid will, the testator must have asound 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, of the persons who are the objects of his bounty, and the manner in which it is to be distributed between them. 3 Wash. C. ©. 585.